In Stansel v. McIntyre, 237 N.C. 148, 74 S.E.2d 345 (1953), a truck and automobile were involved in a collision which resulted in the death of a passenger in the automobile. The driver of the automobile, Mrs. Austin, was denied recovery from the driver of the truck because of her negligence. Later, when the truck driver was sued for wrongful death, he filed a claim for contribution against Mrs. Austin. The Court held that the earlier judgment was res judicata on the question of Mrs. Austin's negligence. The Court stated: There is no doubt that a final judgment or decree necessarily affirming the existence of any fact is conclusive upon the parties or their privies, whenever the existence of that fact is again in issue between them, not only when the subject matter is the same, but when the point comes incidentally in question in relation to a different matter, in the same or any other court. Stansel, 237 at 154, 74 S.E.2d at 350 (quoting Current v. Webb, 220 N.C. 425, 428, 17 S.E.2d 614, 616 (1941)).