Clancy v. Mcbride

169 N.E. 729 (1929)

Facts

Two car driving by Clancy (P) and McBride (D) collided at an intersection. P sued in justice court and got a judgment of $275 for her damages. D paid the judgment. D then sued in superior court to recover for his personal injuries. P interposed a defense of res judicata to the prior justice court action, but the trial judge refused to accept that defense. D got a verdict of $2000 and remittitur he was given judgment for $1500. P appealed, and the appeals court overturned the superior court decision. D appealed