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Carter v. Hinkle
Supreme Court of Virginia
52 S.E.2d 135 (Va. 1949)
Carter (defendant) acted as an agent for Smith (defendant). Carter caused an automobile accident, which injured Hinkle (plaintiff). Hinkle sued Smith for property damage, and Smith paid the resulting judgment. Hinkle then sued Carter and Smith for personal injuries sustained during the same accident. Smith and Carter objected to the second action on the basis that the prior action barred the latter. The trial court overruled the objection, and the jury found in favor of Hinkle. Smith and Carter appealed based on their timely objections.
Rule of Law
Holding and Reasoning (Gregory, J.)
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