Macheras v. Syrmopoulos

The only question here is whether the defence of res judicata, pleaded by the defendant, was established as matter of law.

The facts, which are not in dispute, are these: The present action is one of tort brought by the plaintiff to recover for personal injuries resulting from the alleged negligent operation of an automobile by the defendant. The evidence introduced by the plaintiff showed that her injuries were sustained on July 19,. 1943, when an automobile which she was driving on Salem Street, Lowell, collided with an automobile driven by the defendant. (We assume that it could have been…