UNITED STATES SUPREME COURT DECISIONS ON-LINE

Where the second suit is upon the same cause of action set up in the first suit, an estoppel by judgment arises in respect to every matter offered or received in evidence or which might have been offered to sustain or defeat the claim in controversy; but where the second suit is upon a different claim or demand, the prior judgment operates as an estoppel only as to matters in issue or points controverted and actually determined in the original suit.

To work an estoppel, the first proceeding and judgment must be a bar to the second one because it is a matter already adjudicated between the parties, and there must be identity of parties in the two actions.

A suit for damages for causing death brought by the widow and surviving children of the deceased under the state law is not on the same cause of action as one subsequently brought by the widow as administratrix against the same defendant under the Employers' Liability Act, and the judgment dismissing the complaint in the first action is not a bar as res judicata to the second suit.

After a plea of res judicata has been filed and considered and the case clubjuris

Page 227 U. S. 435

tried, it is too late for defendant to raise the objection in this Court for the first time that the case was not at issue and should not have been tried until after plaintiff had filed a replication to the plea.

200 F. 44 reversed.

The facts, which involve the construction of the Employers' Liability Acts of 1906 and 1908 and the validity of a judgment recovered thereunder, are stated in the opinion. clubjuris

Page 227 U. S. 438