Chap. 331.—-An ACT to permit the filing and trials of certain cross-claims in
certain cases for torts. {HB 229]

Approved March 24, 1926.

1. Beit enacted by the general assembly of Virginia, That in any
action at law or warrant for a small claim, for a tort, where the action
or warrant is brought to recover damages for injury to the person or
to property, a defendant may file in writing a cross-claim averring
that the plaintiff is liable for a tort to the defendant for damages for
injury done to the person or to property arising out of the same trans-
action. Such cross-claim shall be tried at the same time and as part
of the original case, and the court, jury, or justice trying the case
may allow the defendant to recover damages against the plaintiff
on such cross-claim where the law and the evidence make it proper.
Such cross-claim shall aver defendant’s claim with similar clearness
as is required in a declaration of notice of motion for tort. No such
cross-claim shall be filed before a justice where the amount claimed
in the cross-claim shall be filed before a justice where the amount
claimed in the cross-claim exceeds the amount within the jurisdiction
of such justice.

2. The pleadings to such cross-claim shall be substantially as in
cases brought by notice of motion except that no statement of con-
tributory negligence shall be necessary unless expressly demanded,
and a bill of particulars and grounds of defense may be demanded.