Quinn v. Litten

WARNE, J. pro tem.

*

An accident occurred at the intersection of 16th and R Streets in the city of Merced when an automobile driven by Roy Harris struck the side' of a trailer which was attached to a truck, owned by the defendant F. N.

[632]

Rumbley Company, which was being driven at the time by the defendant Litten. After the impact, the truck and trailer continued on and at some point within a distance of approximately 200 feet the trailer became detached from the truck, swung to the right off the street and struck a pile of lumber owned by the Yosemite Builders Supply Company. Said company brought suit in the justice court for damages to its property and recovered damages jointly against Harris, F. N. Rumbley Company and Litten. When the accident occurred Hermit Quinn and Louis Alloway, plaintiffs in the instant action, were passengers in the Harris automobile. Both were injured and both brought separate actions against Litten and F. N. Rumbley Company to recover damages for the injuries they allegedly received as a proximate result of defendants’ negligence. The first two causes of action of each complaint contain the usual allegations of negligence, proximate cause, injury and damage. Each complaint also contains a third cause of action which alleges, in substance, that the judgment in the justice court action was a final and conclusive adjudication of the liability of defendants and that defendants were thereby estopped from further litigating their liability to plaintiffs.

By stipulation of the parties the claim of res judicata, as set forth in the third cause of action of each complaint, was tried before Judge Sischo without a jury, separate from and prior to the trial of the case on its merits under the first and second causes of action; and upon the trial of that issue the court ordered that the doctrine of res judicata did apply, and that the defendants were barred from attempting to again litigate the question of liability to plaintiffs. Thereafter, the cases were tried before Judge Maushart, with a jury, upon the issue of damages only, and a judgment against defendants was entered in each case. The defendants have appealed from the judgments.

At the trial of the issue presented by the third cause of action there was offered in evidence the stipulation, the official file of the justice court pertaining to the Yosemite Builders Supply Company case and the reporter’s transcript of the testimony taken at said trial. No further evidence was offered. The complaint in the justice court charged that plaintiffs’ damages were caused through the joint negligence of Harris, Litten and F. N. Rumbley Company. At the trial Litten was questioned at some length as to the manner in which he operated his truck after the collision, and as to