WINGERT, J.
A new trial will be directed on the issues of Algiers' causal negligence and plaintiff's damages.
1. Res judicata. Plaintiff Rude contended at the trial and in this court that defendants were bound by the determination of the federal court in the prior action that McCourt was not negligent; and that therefore it was error to submit questions relative to McCourt's negligence to the jury in Rude's present case. Perhaps Rude reasoned that,...
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