Smith v. Safety Coach Line, Inc.

The controlling question presented by the record is whether or not there was sufficient evidence to take the case to the jury. The defendant contends that there is not such evidence by reason of the fact that the plaintiff testified that the name of the bus that struck him was “The Sheik,” which was not owned by the defendant, and that thereafter during the trial the plaintiff testified that the name of the bus which caused the injury, was “Miss Burlington,” said bus being owned by the defendant. Irrespective of the name of the bus, the witness Oates testified, without objection, that after…