Barbieri v. Pandiscio

This action was brought against the driver of an automobile which ran into the plaintiff and against one whose servant and agent in the operation of the car at the time he was alleged to be. They are both described in the writ as of Fitchburg, Massachusetts, and service was made under the provisions of § 5473 of the General Statutes, by leaving a copy of the writ and complaint with the commissioner of motor vehicles and forthwith sending copies to the defendants as required by its terms. The defendants appeared specially and jointly moved to erase the case from the docket upon the ground that…