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Lewis v. Baker

United States Court of Appeals for the Second Circuit
526 F.2d 470 (2d Cir. 1975)


Lewis (plaintiff) was an employee of Penn Central Railroad (Penn Central) (defendant). He sustained injuries when working on a freight car and brought suit against Penn Central. Penn Central sought to introduce into evidence two reports. One was an injury report prepared by Campbell, a night trainmaster, under the supervision of Talbott, a day trainmaster. Penn Central was required to file monthly reports of all accidents involving its employees. The other report was an inspection report conducted by Campbell and Zuchero, a gang foreman. Halderman, an assistant general foreman for Penn Central testified that after every injury his office was required to inspect the equipment involved and report the results. The United States District Court for the Southern District of New York admitted both reports under the business records exception to the hearsay rule and found in favor of Penn Central. Lewis appealed.

Rule of Law


Holding and Reasoning (Waterman, J.)

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