O'Brien v. O'Neil

The defendant in bis counterclaim is not seeking to recover damages for any breach of the covenant for quiet enjoyment, but for an independent tort of the plaintiff in cutting a fence permitting cattle to trespass. The defendant has not been evicted from any part of the premises which he leased from the plaintiff, and the counterclaim does not arise out of the transaction upon which plaintiff’s cause of action is based, nor is it connected with the subject of the action. No rule can be laid down which is an invariable test in all cases. A good guide, however, is whether or not proof of either…