63 Iowa 36 | Iowa | 1884
We do not think the injunction restraining the city from lowering the sidewalk was any restraint upon the plaintiff in recovering damages for the change of the surface of the street. Both the injunction and the former action to recover damages were, in our opinion, an attempt to divide an entire cause of action which was not divisible. In Freeman on Judgments, section 249, it is said: “An adjudication is final and conclusive, not only as to the matters actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to, or essentially connected with, the subject matter of the litigation.” it appears to us to be very plain that the lowering of the sidewalk, to correspond with the change made in the surface of the' street, was essentially connected therewith, and that it is not the subject of a separate action. The court should have instructed the jury that the former recovery was a bar to this action.
Reversed.