Ingerman v. Bonder

Wolcott, J.:

This is an action based upon negligence. The facts briefly are that the plaintiff’s automobile, operated by the. third party defendant, was involved in a collision with the automobile of the defendant. The complaint specifically pleads various acts of negligence by the defendant.

The defendant filed his answer denying any negligence on his part and alleging that the now third party defendant at the time of the accident was the agent of the plaintiff, and that the negligence of the plaintiff’s agent was the sole cause of the accident. Plaintiff, under the statute, filed an affidavit…