McCarthy v. Troberg

The action is to recover damages for personal injuries sustained by plaintiff while he was crossing 2nd Avenue at the northerly crosswalk of 99th Street in the borough of Manhattan at about 1:00 a.m. on the 17th day of September, 1945. The motor vehicle which struck him was either the car owned and operated by defendant Joseph Baffa, which was going north on 2nd Avenue, or the one operated by the defendant Kalle Kalervo, which was going south on the avenue. Though Baffa was represented by counsel at the trial, who actively participated therein, Baffa did not at any time appear in the…