Hartford Accident & Indemnity Co. v. Lougee

I. The plaintiff requested rulings relating to the burden of proof and to the effect that it rested generally on the defendants, under the authority of Travelers Ins. Co. v. Greenough, 88 N. H. 391. No rulings in respect thereto were made unless by somewhat doubtful implication, but the plaintiff was entitled to none in its favor. It voluntarily assumed the ordinary position of a plaintiff in opening-the case and accepted the order for its closing. It thereby assumed the burden of proving it had not insured the defendant instead of requiring that action be taken in assertion of the claim of…