Donio v. Huberman

Alessandroni, J.,

This action was originally brought by plaintiffs against defendants, Ralph Huberman, the owner of the car, and Ephraim Kirkpatrick, as the driver of the car and agent of his eodefendant, Ralph Huberman, to recover damages sustained as a result of negligence. No affidavit of defense was filed by defendant Ralph Huberman, and after the time for the filing of an affidavit of defense had elapsed Huber-man caused a sci. fa. to be issued to join Fogel’s Garage, Inc., as an additional defendant, the sci. fa. averring that Ephraim Kirkpatrick was not the agent of Ralph Huber-man, but…