Cambria v. Jeffery case brief summary
29 N.E.2d 555 (1940)
Plaintiff appealed an order of the
Superior Court (Massachusetts), which set aside a jury verdict for
plaintiff and entered a verdict for defendant in plaintiff's action
against defendant for alleged negligence.
CASE FACTS Plaintiff's servant and defendant were
involved in a collision. Defendant had previously brought an action
against plaintiff for negligence. The lower court found that the
collision was caused by negligence of both drivers and judgment was
rendered in favor of plaintiff. Plaintiff then sued defendant for
negligence. Jury returned a verdict for plaintiff but the lower court
under leave reserved entered a verdict for defendant on the ground
that the earlier judgment had adjudicated plaintiff through his
servant, who was contributorily negligent. Plaintiff appealed.
court held that the earlier judgment determined that defendant could
not recover against plaintiff.
Defendant was found to be
The previous finding that plaintiff's
servant was negligent had no effect in producing that judgment.
Therefore, that judgment did not adjudicate that plaintiff was
The court reversed the directed verdict for defendant and entered
judgment upon the verdict returned by the jury, holding that while
the earlier judgment precluded defendant from recovering from
plaintiff since plaintiff's servant who was operating the vehicle was
contributorily negligent, it did not adjudicate whether plaintiff was
negligent. Suggested law school study materials
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