McCourt v. Algiers

It is our conclusion that the issues of negligence were res judicata in McCourt’s favor by virtue of the verdict and judgment of the federal court, and that there should be a new trial on the sole question of McCourt’s damages.

1. Res judicata. In Rude’s action against McCourt’s insurer in the federal court, McCourt’s insurer complained against Algiers and his insurer for contribution to any payment which it might have to make to Rude, alleging causal negligence on the part of Algiers; and Algiers cross-complained against McCourt’s insurer for $15,000 damages alleged to have resulted to him…