Court of Appeals of New York
129 N.E.2d 417 (N.Y. 1955)
Williams (plaintiff) was struck by Alexander’s (defendant) car. Williams brought suit and at trial the parties’ accounts of the accident were very different. In order to prove that his account of the accident was correct, Alexander sought to introduce into evidence Williams’s statements contained in a hospital record that one car ran into another car which caused this second car (Alexander’s) to hit him. These statements tended to corroborate Alexander’s account of the accident. The trial court admitted the statements in the hospital record and the appellate court affirmed. Williams appealed.
Rule of Law
Holding and Reasoning (Fuld, J.)
Dissent (Desmond, J.)
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