Outram v Morewood: 1803

Where a fact or title had been put at issue between the parties in an action for trespass, the ensuing verdict creates an estoppel preventing the same parties relitigating that fact or title. Of a finding of trespass, in relation to some coal lying close under the land of the plaintiff, the court said: ‘A finding upon title in trespass not only operates as a bar to the future recovery of damages for a trespass founded on the same injury, but also operates by way of estoppel to any action for an injury through the same supposed right of possession.’

Judges:

Lord Ellenborough

Citations:

(1803) 3 East 346, [1803] 102 ER 630, [1803] EngR 498

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedHamilton v Weston CA 14-Jul-1997
. .
Lists of cited by and citing cases may be incomplete.

Estoppel

Updated: 07 December 2022; Ref: scu.231143