The Law Reports (King's Bench Division)
[1939] 2 KB 426
[COURT OF APPEAL]
MARGINSON
v.
BLACKBURN BOROUGH COUNCIL.
1939 Jan. 18,
27.
SLESSER, CLAUSON and DU PARCQ L.JJ.
Estoppel
— Res judicata
— Action in county court against two defendants for damages for negligence causing accident
— Third-party notice by each defendant against the other for indemnity or contribution
— Claim by first defendant against second defendant for damage to vehicle
— Judgment for plaintiffs against both defendants with equal division of damages, and dismissal of claim for damage to vehicle
— Subsequent action in High Court arising out of same accident by second defendant against first defendant claiming damages for (i.) personal injuries, (ii.) as administrator of person killed in the accident for loss of expectation of life, (iii.) as administrator for dependants of deceased
— Subsequent action, how far maintainable
—
Fatal Accidents Act, 1846 (9 & 10 Vict. c. 93), ss. 1, 2
—
Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), s. 1, sub-s. 1.
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