Duffy v. J. W. Bishop Co.

The defendant claims that while the contract between it and the Jackson Stone Company, plead as a special defense, may not be a defense to recovery in the action itself, yet it clearly shows an equitable reason for not permitting the latter to collect, and that a defense to that effect may properly be interposed in the action. The action is one in tort by Duffy to recover from defendant damages suffered by reason of the negligence of its servants. The right of action does not flow from any contractual liability, nor are the provisions relative to injuries contained in the Workmen’s…