Legal Opinion

Smith v. Rapid Transit Inc.

Massachusetts Supreme Judicial Court

Decided January 4, 1945PublishedCited by 46 opinions

1Opinion of the CourtSpalding, J.

The decisive question in this case is whether there was evidence for the jury that the plaintiff was injured by a bus of the defendant ¿that was operated by one of its employees in the course of his employment. If there was, the defendant concedes that the evidence warranted the submission to the jury of the question of the operator’s negligence in the management of the bus. The case is here on the plaintiff’s exception to the direction of a verdict for the defendant.

These facts could have been found: While the plaintiff at about 1:00 a.m. on February 6, 1941, was driving an automobile on…

2Cases cited8 opinions

  1. Kelly v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1943
  2. Sargent v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1940
  3. Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
  4. Atlas v. Silsbury-Gamble Motors Co.Massachusetts Supreme Judicial Court · 1932
  5. Breen v. Dedham Water Co.Massachusetts Supreme Judicial Court · 1922

3 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
  2. Krim v. pcOrder.com, Inc.Court of Appeals for the Fifth Circuit · 2005
  3. Galvin, Paula J. v. Eli Lilly & CoCourt of Appeals for the D.C. Circuit · 2007
  4. Margo Lynch, Ppa Dennis Lynch, Dennis Lynch and Margaret Lynch v. Merrell-National Laboratories, Division of Richardson-Merrell, Inc.Court of Appeals for the First Circuit · 1987
  5. United States v. Rene C. Martinez, Kenneth W. Noel, and Steven T. GarciaCourt of Appeals for the Seventh Circuit · 1993

41 more not listed; retrieve them via the Exa API.

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