Adams v. The New York Central Railroad Co.
Court of Common Pleas of Cuyahoga County, Cleveland, Ohio
Docket No. 724,072 (1961)
Adams (plaintiff) sued New York Central Railroad Co. (Railroad) (defendant) for personal injuries. The Railroad sought to prove that Adams’s injuries were sustained prior to the alleged incident in question. To prove this, the Railroad sought to introduce into evidence a memorandum prepared by an employee of Adams’s insurance company which described an interview with Adams in which he mentioned the previous injury, but not the one complained of at trial. At trial, the insurance company employee could not recall the interview even after looking at his memorandum. Adams objected to introduction of the memorandum.
Rule of Law
Holding and Reasoning (White, J.)
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