Smith v. Rapid Transit, Inc.
317 Mas. 469, 58 N.E.2d 754 (1945)
- Smith was driving along when she was cut off by a bus. She swerved into a parked car and was injured.
- Smith was unable to identify the specific bus, she only knew it was a bus.
- The bus didn’t stop.
- Smith sued Rapid Transit.
- Rapid Transit was the only bus company that ran a route on that particular street, implying that it must have been one of their buses.
- There was another bus company in town, but they didn’t have a route on that street.
- The Trial Court found for Rapid Transit in a directed verdict, Smith appealed.
- The Massachusetts Supreme Court affirmed.
- The Massachusetts Supreme Court agreed with the Trial Court that the ownership of the bus was a matter of conjecture.
- The Court found that the evidence that Rapid was the bus company that normally drove on that street was relevant, but it was not sufficient.
- The evidence helps to show that the bus was driven by Rapid, but it was not enough, by itself, to conclusively prove the element.