JARVIS ET UX v. Indemnity Ins. Co.

*519The majority takes the position that because the complaint in the former action contained an allegation that plaintiffs’ trailer was being transported for hire the verdict in that action must be regarded as having been rendered on the basis of that allegation unless plaintiffs can prove to the contrary. In the present action, through the testimony of Mrs. Bunyea, plaintiffs attempted to prove that the facts supporting the verdict and judgment in the former action described a joint enterprise and not a bailment for hire. But, says the majority, this evidence cannot be used to support…