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.