Summary of Smith v. Rapid Transit Inc., 317 Mass. 469 (1945).
Facts: D, a bus company, scheduled its buses on the Main Street and one night, P claims that one big huge bus caused her car to get off the road and hit a parked car.
Issue: Was there enough evidence for the jury to determine that the accident was caused by D’s bus?
Rationale: According to the ct., just because D ran its buses on Main Street does not mean that some other private buses were not running on that street. According to the court: “it is not enough that mathematically the chances somewhat favor a proposition to be proved…" Even though it mathematically the chances were more likely that it was D’s bus, but that is not good enough.