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.
- 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
- 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