B.R. De WITT, INC. V. HALL
225 N.E.2d 195 (1967)
NATURE OF THE CASE: This was a dispute over an accident between vehicles.
FACTS: Hall's jeep collided with and damaged a cement truck owned and operated by Farnum. Farnum sued for personal injuries and recovered $5000. Two months after that was settled, B.R. DeWitt, Inc. (P) sued for property damage to its truck. P moved for summary judgment and it was granted. Hall (D) appealed and it was held that only a defendant may raise a prior judgment as conclusive thus reversing. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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