Brief Fact Summary. The plaintiff was run off the road by a bus around 1:00 on February 6, 1941. She ran into a parked car and sued the bus company who she believed was responsible.
Synopsis of Rule of Law. Preponderance of the evidence requires the proposition to appear more likely or probable such that in the minds of the trier of fact, they believe its truth.
Issue. Whether there was evidence for the jury to determine that the plaintiff was injured by the defendant’s bus operated by one of its employees in the course of employment.
Held. Justice Spalding issued the opinion for the Supreme Judicial Court of Massachusetts and affirmed the directed verdict for the defendant, holding that there was no evidence showing the bus in question was owned by the Defendant.
A proposition is proved by a preponderance of the evidence if it is made to appear more likely or probable in the sense that actual belief in its truth, derived from the evidence, exists in the mind or minds of the tribunal notwithstanding any doubts that may still linger there.View Full Point of Law