Fisher v. Swartz
Massachusetts Supreme Judicial Court
130 N.E.2d 575 (Mass. 1955)
Relevant factsFree
The plaintiff sued the defendant to recover payment for labor and construction materials, and during his trial testimony, used a copy of an itemized bill he had earlier sent the defendant -- containing over 100 items -- to refresh his recollection of the bill's contents. After testifying, the trial court admitted the bill itself into evidence over the defendant's objection and ruled for the plaintiff; the defendant appealed.
IssueFree
Whether a document expressive of a witness's prior knowledge may be admitted into evidence when the witness uses the document to refresh his past recollection of its contents.