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Cambria v. Jeffery

307 Mass. 49, 29 N.E.2d 555 (1940)
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Cambria v. Jeffery

Massachusetts Supreme Court
307 Mass. 49, 29 N.E.2d 555 (1940)

 

Facts

Jeffery (defendant) sustained injuries in an automobile accident involving Cambria’s (plaintiff) servant. In a prior action, Jeffery sued Cambria in a district court to recover for his injuries and damage to his automobile, alleging that the accident was caused by Cambria’s servant’s negligence. However, in that case, both parties were found to have been negligent. As a result, judgment was entered in favor of Cambria. Thereafter, Cambria brought this action against Jeffery for negligence, seeking recovery for the damage to his automobile from the accident. At trial, the jury returned a verdict in favor of Cambria, but the judge entered a verdict for Jeffery on the grounds that the prior judgment had adjudicated that Cambria had also been negligent. Cambria appealed.

Rule of Law

Issue

Holding and Reasoning (Lummus, J.)

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