Gibson v. Solomon

The vital question for determination is whether Lucy Haines Gibson is precluded from litigating the issue of negligence in the present case by reason of the adjudication on that matter in the former action.

In discussing the subject of res judicata, the Supreme Court of • South Dakota said, in the case of Keith v. Wiliers Truck Service, 64 S. D., 274, 276, 266 N. W., 256, 257:

“The general principles, applied in numerous decisions, may be stated as follows: First, a final judgment or decree of a court of competent jurisdiction upon the merits is a bar to any future action between the same…