Elman Coal Co. v. Howard

In this action, the plaintiff, as the owner of an oil truck, seeks to recover from the defendant damages sustained to the truck which were allegedly caused by the negligence of the defendant. The defendant denies the alleged acts of negligence, as a special defense pleads contributory negligence, and by way of counterclaim seeks to recover from the plaintiff damages to the automobile which he was operating at the time of the accident allegedly caused by the negligence of the plaintiff’s operator. The plaintiff denies the acts of negligence set forth by the defendant in his counterclaim, and…