RUSS TRANSPORT, INC. v. Jones
Docket: 39139, 39140
Court: Court of Appeals of Georgia; October 11, 1961; Georgia; State Appellate Court
In the case of Russ Transport, Inc. v. Jones and Reagan v. Jones, the Court of Appeals of Georgia addressed the application of Code sections 3-607 and 110-501 concerning prior judgments and their effect on subsequent claims. The court noted that a previous judgment in a Federal court absolving Russ Transport, Inc. and V. L. Reagan of liability to Mrs. Irma Lee Jones for injuries sustained in the same collision formed the basis for the defendants' plea of abatement. The central issue was whether the husband of Mrs. Jones, who was not a party to the Federal case, was considered a privy to his wife under Code 110-501. The court concluded that marital status alone does not establish privity, particularly since both spouses were alive and there was no claim of the wife’s death. The court referenced several precedents asserting that the relationship between a husband and wife does not automatically confer privity for the purposes of barring claims based on prior judgments. Consequently, the court affirmed the judgment, indicating that the husband's claim was not barred by the prior Federal court decision, as he did not share the same legal standing as his wife in the previous case. Judges Carlisle and Nichols concurred with the decision.