Rios v. Davis

373 S.W.2d, 386 (1963)


Popular Dry Goods Company sued Davis (D) for a traffic accident. D alleged contributory negligence on Popular's part and joined Rios (P) as a defendant. The jury found Popular, P, and D guilty of negligence. The judgment entered by the court denied Popular any recovery against D and denied D any recovery against P. P sued D for negligence from the same accident. D claimed that P was guilty of contributory negligence and that the jury's findings in the first action were res judicata. Judgment was entered for D. P appealed.