Johnson v. Lutz
Court of Appeals of New York
170 N.E. 517 (N.Y. 1930)
Relevant factsFree
In a wrongful death suit arising from an accident involving the defendant's truck, the defense sought to introduce a policeman's accident report recording statements from third parties, though the policeman himself was not present during the accident and it was unclear whether the interviewed third parties were present either. The trial court excluded the report, and the defendant appealed.
IssueFree
Whether a policeman's report made up of statements by third parties who may or may not have witnessed an accident is admissible under the business-records exception to the hearsay rule.