Lewis v. Baker
United States Court of Appeals for the Second Circuit
526 F.2d 470 (2d Cir. 1975)
Lewis (plaintiff), a Penn Central Railroad (defendant) employee, was injured working on a freight car and sued for negligence. Penn Central sought to introduce an injury report prepared by a night trainmaster under a day trainmaster's supervision, part of monthly accident reports the railroad was required to file, along with a separate inspection report by the same trainmaster and a gang foreman, prepared under a standing office policy requiring equipment inspection after every injury. The district court admitted both reports under the business-records exception and ruled for Penn Central; Lewis appealed.
Whether reports that are required to be regularly conducted in response to accidents fall within the regular course of business for a railroad company.