Jones v. Young
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBliss, J.
This court has previously held that a plaintiff who first brings action against the master for the negligent act of the servant and fails on the merits, may not bring a second action against the servant for the same negligent act. (Wolf v. Kenyon, 242 App. Div. 116.) That is the identical situation in the case at bar. This holding was based upon the rule that under the doctrine of res judicata an existing final judgment rendered upon the merits by a court of competent jurisdiction is conclusive of the rights of the parties and their privies in all other actions on the points in issue and…
2Cases cited6 opinions
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- United States v. O'GradySupreme Court of the United States · 1875
- Wolf v. KenyonAppellate Division of the Supreme Court of the State of New York · 1934
- People ex rel. McMillen v. VanderpoelAppellate Division of the Supreme Court of the State of New York · 1898
- Barber v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Templeton v. ScudderNew Jersey Superior Court Appellate Division · 1951
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Jones v. ValisiSupreme Court of Vermont · 1941
- Freddolino v. Village of Warwick Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993
- Manard v. Hardware Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1960
12 more not listed; retrieve them via the Exa API.