Relevancy of prior judgments on public rights permits consideration without conclusively establishing the asserted right in later disputes. Judgments, orders and decrees concerning matters of a public nature may be relevant to an enquiry even when they do not fall within section 41. Their ... Summary
Relevancy of prior judgments on public rights permits consideration without conclusively establishing the asserted right in later disputes.
Judgments, orders and decrees concerning matters of a public nature may be relevant to an enquiry even when they do not fall within section 41. Their relevance does not make them conclusive proof of the facts stated. A prior decree concerning an asserted public right of way may therefore be considered in a later trespass dispute, without conclusively establishing the existence of that right.
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