Cambria v. Jeffery
Massachusetts Supreme Judicial Court
29 N.E.2d 555, 307 Mass. 49 (1940)
- Written by John Waller, JD
Facts
Jeffery (defendant) sustained injuries in an automobile accident involving the servant of Cambria (plaintiff). 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 the negligence of Cambria’s servant. 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 ground 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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