Capello's Admr. v. Aero Mayflower Transit

This is an action for damages resulting from a motor vehicle accident. The accident happened on the highway a little south of Brandon village on June 6, 1946, when the plaintiff's intestate, who was driving a sedan, was attempting to pass a truck, consisting of a tractor and trailer van. When she was about half way past the van the tractor pulled over to the left and crowded her off the road. The only evidence as to the ownership of the truck, or that its operator was then engaged in the defendant's service, was the name ""Aero Mayflower Transit Company"" upon it. At the close of the plaintiff's evidence the court granted defendant's motion for a directed verdict, and the plaintiff excepted. In this Court the defendant does not question the sufficiency of the evidence to show that the accident resulted from the negligence of the truck driver, and that plaintiff's intestate was free from contributory negligence. The only issue here is whether the showing of the defendant's name upon the truck was sufficient, at the close of the plaintiff's evidence, to take the plaintiff to the jury on the liability of the defendant.