Gabrielle v. Masselli

Lawrence, S. C. C.

The question here involved appears to be novel. Plaintiffs seek in this suit to recover compensation of defendants for injuries received in an automobile accident which occurred in this state. Defendant Masselli is a non-resident. With his answer denying liability he has filed a counter-claim against defendant Armstrong charging him with negligently causing the accident and seeking damages in his own right. On the theory that by so pleading he (Masselli) has in his counter-claim assumed the position of a party plaintiff as against him (Armstrong) the latter has, by notice,…