Emerson v. Carrier

Sylvester, Supr. J.

This is an action of tort against a non-resident to recover for personal injuries and property damage resulting from an accident occurring on April 4, 1953. The defendant entered his special appearance, and seasonably filed a motion to dismiss. The motion to dismiss was grant-ted and judgment was entered for the defendant to recover his costs. The case comes to this court on plaintiff’s exception to the granting of defendant’s motion.

Defendant’s motion to dismiss challenges the sufficiency of the declaration for its failure to allege that the cause of action or the accident…