Michigan Cent. R. v. Carl & W. J. Piowaty, Inc.

WOODWARD, District Judge.

In two separate cases plaintiff has brought suit against the defendant to recover unpaid *605freight charges. Defendant filed the general issue, together with a plea of set-off alleging damages arising out of the negligence and delay in the transportation of the shipments for which freight _ charges are claimed. Plaintiff moves to strike from the files the plea of set-off on the ground that a set-off will not lie in a suit of this nature.

The question presented by this reeord has been -before the courts a number of times. The Supreme Court of the United States has not…