John Rooff & Sons, Inc. v. Winterbottom

I respectfully dissent.

Being a law action, this court is limited to the correction of errors in the trial court. Rule 334, R. C. P. The trial court directed a verdict as to defendant’s pleaded setoff in his answer and dismissed his counterclaim which was stated in two counts. In the setoff and , count 1 of the counterclaim the defendant pleaded as follows: “* * * while certain employees * * * of the plaintiff * * * were performing certain repair and construction work * * * said * * * employee # * * so carelessly and. negligently operated an acetylene [electric] cutting or welding torch as to…