Brennan v. Huber

Opinion by

Linn, J.,

This appeal is from the refusal of judgment for defendant for want of a sufficient reply by plaintiffs to averments under the heading “new matter” in the affidavit of defense in an action of trespass. The statement of claim alleged that plaintiffs’ minor child was injured by the negligent driving of defendant’s automobile. Defendant filed an affidavit of defense averring that she owned the car but was not in it at the time of the accident; that it was operated by her brother, Joseph Huber, who was her agent and engaged on her business. As new matter, defendant averred, in…