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Hinkle (P) was a taxicab driver who was involved in an accident with Carter (D) who was driving a car owned by Smith (D1). The accident was a result of D’s negligence. P sued D1 for damages done to his taxi and got a judgment of $1,000. P then brought the current action against D and D1 for personal injuries arising out of the same collision. Ds claimed that P was barred in his second suit by the judgment in the first. The trial court disagreed, and P got another judgment. Ds appealed.

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