Smith v. Rapid Transit, Inc.
Supreme Judicial Court of Massachusetts
58 N.E.2d 754 (Mass. 1945)
Relevant factsFree
Smith (plaintiff) was injured by a bus she claimed belonged to Rapid Transit (defendant), the only public franchise operating a bus line on the street at the time, though a private or chartered bus could theoretically also have been present; the trial court directed a verdict for Rapid Transit.
IssueFree
Whether it is proven by a preponderance of the evidence that a bus operated by a defendant was actually the bus that caused an accident if the defendant's public bus line was the only one operating on the street at the time of the accident.