This section contains the nature of the case and procedural background.

Popular Dry Goods Company sued Davis (D) for a traffic accident. D alleged contributory negligence on Popular's part and joined Rios (P) as a defendant. The jury found Popular, P, and D guilty of negligence. The judgment entered by the court denied Popular any recovery against D and denied D any recovery against P. P sued D for negligence from the same accident. D claimed that P was guilty of contributory negligence and that the jury's findings in the first action were res judicata. Judgment was entered for D. P appealed.

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