Public-nature judgments remain relevant evidence but do not conclusively establish the facts or rights they record. Judgments, orders and decrees concerning matters of public nature are relevant where pertinent to an enquiry, even though they fall outside the class ... Summary
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Public-nature judgments remain relevant evidence but do not conclusively establish the facts or rights they record.
Judgments, orders and decrees concerning matters of public nature are relevant where pertinent to an enquiry, even though they fall outside the class given special effect under section 41. Their evidentiary value is not conclusive. Thus, an earlier decree involving an asserted public right of way over the same land may be considered in a subsequent trespass dispute, but cannot by itself establish the existence of that right.
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