Troxell v. Delaware, Lackawanna & Western Railroad’s Empirical Analysis

Citation profile

111 federal appellate · 21 district · 55 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 272 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action. In the former case, the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose * * . “But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.” See also Southern Pacif”

   2 later decisions quote this exact passage · from the majority
   e.g. Myers v. International Trust Co. · Edgar v. United States

2. “judgment operates as an estoppel only as to matters in issue * * * and actually determined in the original suit.”

   2 later decisions quote this exact passage · from the majority
   e.g. Stuck v. Town of Beech Grove · Seaboard Air Line Railroad v. George F. McCourt Trucking, Inc.

3. ““ * * * Under the Pennsylvania law there could be no recovery for the negligence of the fellow servants of the deceased. This was the issue upon which the case was submitted at the second trial and a recovery had. Whether the plaintiff could recover under the Pennsylvania statute was not involved in the second action, and the plaintiff’s right to recover because of the injury [occasioned] by the negligence of the fellow servants was not involved in or concluded by the first suit.””

   1 later decision quote this exact passage · from the majority
   e.g. La Rue v. El Paso Natural Gas Co.