Southern Railway Co. v. Davenport

1. “A judgment of a court of competent jurisdiction is conclusive between the same parties and tlieir privies as to all matters put in issue, or which under the rules of lato might have been put in issue in the cause wherein the judgment toas rendered,.” (Italics ours.) Civil Code (1910), § 4336.

£. The plaintiff in the instant case originally brought his suit against the Southern Railway Company and Tull Waters, its engineer, and his cause of action was predicated solely on the alleged negligence of said Wlaters as tire agent of the railroad company. A verdict and judgment were returned in…