Ashley v. McMurray

This is an action for damages claimed to he the result of the negligence and wantonness of appellant’s son in operating a car of the former in causing a collision of it with one owned and operated by plaintiff. Defendant was riding in the car at the time. Defendant’s plea 2 set up contributory negligence of plaintiff. Plea 3 set up the same facts in recoupment. To plea 3 plaintiff replied specially again alleging defendant’s negligence. The verdict was for plaintiff awarding damages to her.

Whether in such an action defendant may properly claim damages in a plea of recoupment, not thereby…