Johnson v. Lutz

253 N.Y. 124, 170 N.E. 517 (1930)

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Johnson v. Lutz

New York Court of Appeals
253 N.Y. 124, 170 N.E. 517 (1930)

SC
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Facts

The plaintiff brought a wrongful death suit after the plaintiff’s intestate was killed in an accident involving the defendant’s truck. The defense sought to introduce into evidence a policeman’s report of the accident which recorded statements of third parties regarding the accident. The policeman was not present during the accident and it is not clear whether all of the third parties interviewed in the report were either. The trial court excluded the report. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Hubbs, J.)

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