Beason v. Pierce

Opinion by

Mr. Justice Stern,

A collision occurred between automobiles driven by the plaintiff and defendant respectively. The defendant’s husband was a passenger in her car and was killed in the accident. In the action brought by the plaintiff for injuries sustained by him, the defendant, asserting that the accident was due solely to the negligence of the plaintiff, set up a counterclaim for damages because of her husband’s death. The plaintiff filed an affidavit of defense in the nature of a demurrer to the counterclaim, contending that, by the provisions of the Act of April 26, 1855, P. L.…