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Keywords

lawsuitdefendantstatuteappealtrialhearsayadmissibility

defendantstatutetrialappellant

Related Cases

Johnson v. Lutz, 253 N.Y. 124, 170 N.E. 517

Facts

Irene Johnson filed a wrongful death lawsuit after her husband, John S. Johnson, was killed in a collision with a truck operated by Frederick Lutz and his partner. The accident occurred at a street intersection, and there was significant disagreement among witnesses about the circumstances of the collision. The defendants sought to introduce a police report of the accident as evidence, but the trial court ruled it inadmissible, leading to the appeal.

A policeman's report of the accident filed by him in the station house was offered in evidence by the defendants under section 374–a of the Civil Practice Act, and was excluded.

Issue

Was the trial court correct in excluding the police report from evidence under section 374–a of the Civil Practice Act?

The sole ground for reversal urged by the appellants is that said report was erroneously excluded.

Rule

Section 374–a of the Civil Practice Act allows writings or records made in the regular course of business to be admissible in evidence, provided they were made at the time of the event or shortly thereafter, and the record was made as part of the person's duty.

That section *126 reads: ‘Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall be admissible in evidence in proof of said act, transaction, occurrence or event, if the trial judge shall find that it was made in the regular course of any business…'

Analysis

The court determined that the police report did not meet the criteria for admissibility under section 374–a because it was not made in the regular course of business. The officer who created the report was not present at the time of the accident and relied on hearsay from third parties. Therefore, the report did not fulfill the requirements set forth in the statute.

It is apparent that the Legislature enacted section 374–a to carry out the purpose announced in the report of the committee. That purpose was to secure the enactment of a statute which would afford a more workable rule of evidence in the proof of business transactions under existing business conditions.

Conclusion

The court affirmed the trial court's judgment, concluding that the exclusion of the police report was appropriate and that the defendants' appeal lacked merit.

The judgment should be affirmed, with costs.

Who won?

Irene Johnson prevailed in the case because the court upheld the exclusion of the police report, which was central to the defendants' argument for reversal.

The judgment should be affirmed, with costs.

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