Liberty Mutual Insurance v. Martel

The ruling of the court in relation to the burden of proof was erroneous. Traveler’s Insurance Co. v. Greenough, ante, 391.

A new trial is not required, however, because we are of the opinion that the record contains no evidence whatever in support of the verdict returned by the jury. Both Martel and Dulac, being respectively the owner and driver of the truck, testified definitely that at the time of the accident it was being driven by Dulac upon business of his own, without the knowledge or consent of Martel, and contrary to the latter’s express orders. They also testified that it had never…