ADAMS V. NEW YORK CENTRAL RAILROAD
Court of Common Pleas, Cuyahoga County, Cleveland, Ohio, Docket No. 724,072, 1961
NATURE OF THE CASE: This was an action for the recovery of damages for personal injuries.
FACTS: Adams (P) sued New York Central Railroad (D) to recover for quadriplegia. D
contends that the injuries were the result of an injury antedating the claimed injury. D
introduced testimony of an insurance agent who had interviewed P when he was in the
hospital. The agent could not recall the substance of the interview. D then attempted to
introduce the report and evaluation that the agent had prepared under past recollections
recorded. The agent could not refresh his memory by using the writing. But the agent
testified that the record was accurately written immediately after the interview with P. The
trial court refused to admit the evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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