Biczan v. Weil
New York Supreme Court
1Opinion of the CourtCotillo, J.
Plaintiff’s wife brought an action in negligence
against the defendant, in which litigation • the husband was not a party. The jury brought in a verdict in favor of the defendant. In this action brought by- the husband for loss of services the defendant now attempts to set up the previous judgment in its favor as a bar. While there is something of logic in support of defendant’s contention, nevertheless the authorities seem to be against it. The present plaintiff not having appeared in the former litigation, there has not been such an identity of parties as to constitute the verdict there res…
2Cases cited4 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Duffee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Berg v. Third Avenue RailroadCity of New York Municipal Court · 1903
3Cited by3 opinions
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Ostapenko v. George A. Fuller Co.New York Supreme Court · 1960
- Boice v. PalletteNew York Supreme Court · 1931