3. In LIEBHAUSER v. MILWAUKEE ELEC. RY. & LIGHT CO., 180 Wis. 468, 193 N.W.

522 (1923), a passenger on a railway street car sued for personal injuries allegedly sustained when the car collided with an automobile owned and driven by defendant Kroscher. Kroscher filed a crossclaim against the railway company alleging that the collision was due solely to the company’s negligence and sought $150 for damages to his automobile. At the time Wisconsin law permitted a crossclaim when the relief sought was shown to “involve or in some manner affect the contract, transaction or property, which is the subject-matter of the action.” Wis. Stat. § 263.15. The court dismissed:

* * * The subject-matter of the action * * * in this case is the plaintiff’s right to have the defendants exercise the required degree of care in respect to her. Manifestly, the relief demanded by Kroscher in his cross-complaint against the company in no way involves or affects the plaintiff’s main primary right. * * *