Murden v. Wilbert

This case grew out of a collision between two automobiles, one of which was owned by W. R. Murden and one by Joseph E. Wilbert. The cars were being operated by their respective sons, W. R. Murden; Jr., and Miles Wilbert. Two actions for damages were brought and the question we are called upon to consider is whether the first terminated in such a way as to justify the action of the trial court in sustaining a special plea of res judicata to the second.

Joseph E. Wilbert commenced the first action by a civil warrant in the Civil Justice Court of the city of Norfolk, returnable May 21, 1946,…