Nine-year-old Johnathan Rush was playing with friends near a moving train operated by Illinois Central Railroad Company (defendant). Rush fell under the train and suffered injuries requiring leg amputation. Soon after the accident, a railroad employee interviewed Rush's playmates. Rush's mother, Annette Rush (plaintiff), sued the railroad for damages. At trial, the judge permitted one of the playmates, Doyle Lockett, to refresh his present recollection by consulting the transcript. Lockett was then able to give a full account of the accident. On cross examination, the railroad's lawyer had Lockett read aloud a portion of the transcript in which Lockett told the railroad employee that Rush was injured while attempting to jump onto the moving train. The jury returned its verdict for the railroad. Annette Rush appealed to the United States Court of Appeals for the Sixth Circuit, arguing Lockett's quotation of the transcript was inadmissible evidence.