B.R. De Witt, Inc. v. Hall

225 N.E.2d 195 (1967)

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Nature of the Case

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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.