Civil Procedure – Judgments – Res Judicata Effect of Declaratory Judgments
In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff’s use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant’s blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was sought, such judgment should operate as a bar to any subsequent claim therefor. Lane v. Page, (Colo. 1952) 251 P. (2d) 1078.