Lang v. Stoddard

In this action an administratrix brought suit against the defendant truck owner and its operator for damages alleged to have arisen out of a collision between an automobile operated by the plaintiff’s intestate and the defendant’s truck.

Thereafter the defendant trucking company filed a counterclaim for damages to the truck of this defendant, claimed to have arisen out of a collision. The plaintiff filed a demurrer to the counterclaim of this defendant because:

1. It is not alleged, nor does it appear, that the defendant’s claim was ever presented to the plaintiff in her capacity as…