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Hodas v. Davis

203 A.D. 297, 196 N.Y.S. 801 (1922)

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Hodas v. Davis

New York Supreme Court, Appellate Division

203 A.D. 297, 196 N.Y.S. 801 (1922)

Facts

I. David Hodas (plaintiff) was injured after a train collided with his car. William Meddaugh observed the accident and made a written statement containing his observations of the accident. After making the statement, Meddaugh sustained an injury that severely impaired his memory of the accident. Hodas brought suit against James Davis (defendant), the director general of Railroads. At the trial, Davis called Meddaugh as a witness. Because Meddaugh did not remember much about the accident, Davis introduced Meddaugh’s written statement. Meddaugh’s out-of-court statement was offered to prove the truth of what Meddaugh wrote. Meddaugh declined to testify that the statement was accurate at the time it was written. The trial-court judge admitted the statement. The facts in Meddaugh’s statement were corroborated by other witnesses. Subsequently, the jury found in favor of Davis. Hodas appealed.

Rule of Law

Issue

Holding and Reasoning (Kellogg, J.)

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