Barbara E. Kimmel, Administratrix of the Estate of Frank C. Kimmel, Deceased v. Yankee Lines, a Corporation

In my judgment the District Court should not have afforded a second opportunity to contest the issue of fault in this collision after the same parties, Yankee Lines and Kimmel’s administratrix, had had opportunity and occasion to con*647test that very issue in a Pennsylvania state court which had decided against the administratrix.

In simplified statement the essential facts are these. A fatal accident occurred on a Pennsylvania highway. A vehicle owned by A, the present defendant Yankee Lines, collided with a vehicle driven by B, of whose estate the present plaintiff is administratrix. B was…