CLANCY V. McBRIDE 169 N.E. 729 (1929) CASE BRIEF

CLANCY V. McBRIDE

169 N.E. 729 (1929)

NATURE OF THE CASE: This was a suit involving an auto accident and personal injuries.

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

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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