Brown v. Syostek

Lewis, J.,

This is a rule to strike off a set-off and counterclaim. The suit is one for damages to a wagon, caused by the alleged negligent driving of an automobile by the defendant. The affidavit of defence denies the negligence and sets out a set-off and counter-claim for damages to defendant’s automobile, caused by the negligent driving of plaintiff’s team. The question presented is whether or not, in an action in trespass, such a set-off and counter-claim are allowable.

The right of set-off and counter-claim did not exist at common law and is founded entirely on statute. The early statute…