209 A.D. 380 | N.Y. App. Div. | 1924
A contract made in 1898 and 1899 between plaintiff and parties to whose interests defendant has succeeded provided for the lease of a part of plaintiff’s right of way between the northerly line of Sweeney street, North Tonawanda, and Main street, Buffalo, and for an interchange of traffic between the parties.
Among other things the defendant agreed in said contract to perform certain obligations including “ all of the duties and obligations now or hereafter imposed by law or lawful authority upon
The leased section ended at the westerly boundary of Main street in Buffalo. Thence the defendant’s tracks passed into Main street, but not across it, and the railroad was operated under franchise from the city. The plaintiff’s tracks went across Main street at grade at this point. In 1912 it was proposed to eliminate the crossing at grade on Main street by making an under crossing. It was undertaken under certain special legislation, whereby the city and the plaintiff agreed upon the proportion of the expenses to be paid by each. The defendant by some separate agreement paid fifteen per cent of the expense borne by the city.
The work of elimination was expensive. The plaintiff claims that defendant is hable under the contract between them to share in the amount plaintiff was called upon to pay to the extent of paying for all of the work on the leased section and one-half of all other expenditures for approaches, engineering fees, land damage and counsel fees, except the particular expense of carrying the Erie tracks on a structure over the street. The defendant denies any obligation other than a small item for grading the leased section to bring its tracks into Main street.
The principal claim of plaintiff is that the question is res judicata and on this theory it succeeded on the trial. In a special proceeding to determine the damages of property owners caused by the elimination of the crossing, defendant was made a party to the proceeding. Plaintiff appeared therein and set up the provisions of this contract claiming that defendant was not entitled to recover damages because it was liable to contribute under its contract.
The plaintiff urges here as it urged successfully below that the 5th conclusion of law quoted indicates that the identical question here involved was before the court at that time and decided. It calls our attention to the fact that defendant anticipated a claim would be made by plaintiff against it under the contract and argued both in this court and in the Court of Appeals the consequences of an affirmance.
A judgment or final order is henceforth conclusive upon the parties as to the issues decided. A court will not re-examine a question once decided, even though it might reach a different conclusion when presented in another litigation.between the parties. (Dyett v. Hyman, 129 N. Y. 351; Livingston v. Livingston, 56 App. Div. 484; affd., 166 N. Y. 601; 23 Cyc. 1239.) But the parties are concluded or estopped thereby only as to the facts or law material to the issue and directly involved in the litigation (Woodgate v. Fleet, 44 N. Y. 1); and are not bound by any matter which came collaterally in question, though within the jurisdiction, or any matter incidentally cognizable or any matter to be inferred by argument from the judgment. (Stokes v. Foote, 172 N. Y. 327, 342; 23 Cyc. 1288.)
The question actually decided was that defendant was not entitled to recover compensation for damages sustained as a property owner. We think the defendant was not bound further than that in that decision. It is clear that the decision was reached because there was some liability of the defendant to contribute to the
The legal conclusions reached by a court in making a decision, even in an opinion, are not necessarily adopted and approved on appeal where the decision is affirmed without opinion. Only the right of the party to recover is decided and the court is responsible only for that, not for the reasons given nor opinions theretofore expressed. (Rogers v. Decker, 131 N. Y. 490; Cherrington v. Burchett, 147 App. Div. 16; Simpson v. New York Rubber Co., 80 Hun, 415, 418; 15 C. J. 942.) An affirmance may be based on a different theory or on different grounds or on any sufficient ground found in the evidence. (4 C. J. 662.)
Courts are required to pass on requests to find when submitted by either party. The statement must be in the form of distinct propositions of law or of fact, or both, separately stated and numbered. (Civ. Prac. Act, § 439; formerly Code Civ. Proc.- § 1023.) These are made for the protection of the court and parties, and to make the case readily reviewable. (38 Cyc. 1953.) Findings of fact once decided in a matter of litigation between parties and affirmed, become conclusive. (Id. 1987.) If the facts warranted a judgment in parties’ favor, erroneous conclusions of law are of little importance for an appellate court will ordinarily affirm without regard to erroneous or unnecéssary conclusions of law. It is not strictly necessary that such conclusions of law be made in any particular form, a general conclusion that a party recover or have judgment being sufficient. (Id. 1978.) In Colonial City T. Co. v. Kingston R. R. Co. (154 N. Y. 493, 495) it is said: “A judicial opinion, like evidence, is only binding so far as it is relevant.” No particular significance is attached to the fact that the parties argued on the former appeal that the 5th conclusion of law would be highly prejudicial to defendant in the future.
The question then is open for examination as to the extent of the liability of defendant under the contract. The intent and purpose of the parties were to provide that between the northerly line of Sweeney street, North Tonawanda, and Main street, Buffalo, wherever a grade crossing of the tracks of both companies should be eliminated, each party was to bear the entire expense of its own construction in carrying its tracks across or under the highway and to share equally in the further expense of constructing
It is claimed that defendant had no franchise to turn its tracks out from Main street upon the leased section and that it acquired this right by virtue of the contract with the Erie whose right of way crossed Main street. There seems to be no force in this contention. The relations of defendant with plaintiff ended at the terminus of the leased section. Whether its right to carry its tracks to connect with the Main street tracks arose under its general franchise or was acquired by acquiescence on the part of the municipal authorities, or whether the tracks as laid const tute a trespass as against the city, is of no consequence here. Whatever right defendant had to use the street was derived from the city and State. The only advantage defendant gained by the elimination of the grade crossing was that common to the people who had occasion to use the street, to wit, the elimination of risks and delays in crossing a steam railroad track at grade. We reach the conclusion that under the contract, defendant was not liable to share in the total expense of this work.
There are items of expense, however, properly chargeable to defendant. The contract obligated it to perform the duties and obligations then and thereafter imposed by law or lawful authority upon the Erie Company with respect to the leased section. It was also to maintain and operate its tracks. While the proposition of eliminating the crossing on Main street was not particularly contemplated in the contract, a broad and liberal interpretation of its terms and the implications arising therefrom, and the necessity of working in harmony -under it, imposed obligations on both parties. They gave their own practical construction to it as we have seen in the question of maintaining a flagman at Main street. A “ team track ” was constructed for defendant and used by it southerly of the leased section near Main street. This was not within the terms of the written agreement but seems to have been an act of comity between the parties and a further practical construction of their obligations.
In constructing the approaches and making the elimination it
Certain findings of fact and conclusions of law to be stated in the order should be disapproved and reversed and new findings made and the judgment should be modified to conform to such new findings and as so modified affirmed, without costs.
All concur.
Judgment modified in accordance with opinion, so as to reduce the damages to the sum of $2,888.24, with interest, and as so modified affirmed, without costs of this appeal to either party. The 10th finding of fact is disapproved in part, and certain new findings of fact and conclusions of law are made.