Sando v. Seeley

Flannery, J.,

Plaintiff sued before an alderman for damages caused by a collision between plaintiff’s ice cream truck operated by his employe and an automobile owned and operated by defendant. There was no defense and the alderman rendered judgment in the amount of $72, together with interest and costs.

Defendant appealed to the court of common pleas and when plaintiff filed his statement of claim defendant filed an affidavit of defense and counterclaim for $88.63, for the damages to his automobile. It will be noted that the counterclaim was grounded in trespass on the case.

At the trial,…