Two automobiles, one owned by Cambria (P) and operated by his servant, and the other owned by Jeffery (D) collided. D sued in District Court, and it was determined that both parties were negligent and as such judgment was rendered in favor of P because the trial judge found that D was contributorily negligent. P then sued D for negligence, and the jury found for P, but the judge entered a verdict for D in that the prior judgment had found both to be negligent.