Rios v. Davis
Court of Civil Appeals of Texas
373 S.W.2d 386 (1963)
- Written by Joseph Bowman, JD
Facts
In an action prior to this one, Popular Dry Goods Company (Dry Goods) sued Davis (defendant) for property damages, which resulted from an automobile accident. In the same prior case, Davis alleged contributory negligence and joined Rios as a third party defendant. The jury in that case found that Dry Goods, Davis, and Rios were negligent. Dry Goods was denied recovery from Davis, and Davis was denied recovery from Rios. Rios (plaintiff) then instituted the present action against Davis. Davis alleged contributory negligence and objected to the action on the basis of res judicata and collateral estoppel, asserting that the present action was based on facts already presented and subject to findings in the prior action brought by Dry Goods. The district court held that the present action was barred on the basis of res judicata, and Rios appealed.
Rule of Law
Issue
Holding and Reasoning (Collings, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
