1. What must a defendant prove in order to establish a claim preclusion/res judicata defense?
2. How did the Wisconsin Supreme Court avoid applying the claim preclusion/res judicata doctrine in a mechanical way to the facts of this case?
3. What rationale was given by the Wisconsin Supreme Court for its decision in this case?

Shirley S. Abrahamson, Chief Justice.
This is a review of a published decision of the court of appeals affirming a judgment and order of the Circuit Court for Green Lake County. The issue presented is whether the doctrine of claim preclusion bars the plaintiff’s action. The prior action brought by the plaintiff’s predecessor in title against the defendant was for failing to provide lateral support; the defendant had dug a ditch. The prior action ended in a judgment of dismissal on the merits.