Senecal v. Drollette

The infant plaintiff, crossing a rural highway a.t night, was struck and injured by an automobile which, the complaint alleged, had been negligently driven by defendant. Defendant denied the occurrence but, in his testimony, admitted that his car had, at about the time and place of plaintiff’s injury, come into collision with some object. Plaintiff’s first burden of proof, therefore, was to identify the automobile with which he had come into contact. Plaintiff himself, a ten-year-old boy, was unable to make that identification, but, as his witnesses, he produced two twelve-year-old boy…