Evidence keyed to Waltz
Palmer v. Hoffman
Facts
The respondent and his spouse were injured at a railroad crossing. The jury deliberated whether the train failed to blow a whistle, ring a bell or have a light burning in the front of a train. The petitioner attempted to admit statements from the train engineer made in an interview two days after the accident. The engineer died before the trial. The petitioner attempted to admit the engineer’s statements as a business record, arguing that they were made in the course of a routine accident report. The trial court did not allow the statements to be admitted and found the petitioner liable.
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