Hess v. Gerhart

Schaeffer, J.,

The plaintiff, a minor, by his father and next friend, brought an action of trespass against defendant for damages resulting from an automobile collision, alleged to have been caused by defendant’s negligence. In the statement of claim, plaintiff claims the sum of $343.50 as damages. In the affidavit of defense, defendant alleges that the accident was caused by the negligence of plaintiff, and sets up a counterclaim for damages to his automobile amounting to $87.60

The question to be decided is raised by the motion of plaintiff to strike off defendant’s counterclaim on the ground…