Hall v. Kieffer

DAVIES, District Judge.

This is a negligence action to recover damages for personal injuries and property damage arising from a motor vehicle collision which occurred August 23, 1954, upon U. S. Highway No. 81 about seven miles south of Wahpeton, N. D.

In his Answer to the plaintiff’s Complaint, the defendant made a qualified general denial and alleged as affirmative defenses that the plaintiff was contribu-torily negligent, and that this action was barred because the subject thereof should have been, but was not, asserted as a compulsory counterclaim in a prior pending action by the defendant…