McPartlant v. Sielian

Tort for personal injuries allegedly received by the plaintiff caused by the negligent operation of the defendant’s automobile on August 8, 1948. The defendant appeared specially and filed an answer in abatement alleging that neither the defendant nor his agent were operating ' a motor vehicle on the highways of the Commonwealth at the time and place complained of by the plaintiff. The trial court correctly found that the defendant had the burden of proof to substantiate his answer in abatement and reported the following evidence that appears undisputed ; that a resident of New Hampshire…