Campbell v. Krautheim

Lewis, J.,

— The plaintiff in this case obtained a judgment before a magistrate for damages to his automobile, due to a collision with a motor-car operated by an employee of the defendant. After the defendant had appealed to this court and the plaintiff duly filed his statement of claim, the defendant, by an affidavit of defence, raised the question of law that the action “was improperly brought in a magistrate’s court, in that a magistrate has no jurisdiction over an action for damages based upon the negligence of a person employed by the defendant, otherwise known as an action of trespass on…