Duignan v. Pawlikowski

This motion presents an interesting, novel and important question. A passenger in one of two colliding automobiles sued both owners, who were also the drivers, and' recovered judgment against both. Later, one owner brought this action against the other, not for contribution but for damages to the former's automobile by the other owner. The question thus arises, Is the doctrine of res judicata available to the defendant herein, upon the ground that a jury has determined that plaintiff in this action was, at the time of the collision, guilty of negligence that contributed thereto?

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