JOHNSON V. LUTZ 253 N.Y. 124, 170 N.E. 517 (1930) CASE BRIEF

JOHNSON V. LUTZ
253 N.Y. 124, 170 N.E. 517 (1930)
NATURE OF THE CASE: This was a wrongful death action based on a traffic accident. Lutz (D) appealed a judgment in favor of Johnson (P), estate, asserting that exclusion of a policeman's report sufficed as reversible error in a wrongful death trial.
FACTS: Johnson (P) and Lutz (D) were involved in a traffic accident. P was killed. D attempted to prove that the accident was not his fault. To do so, he attempted to admit the accident report into evidence. This report was made by a police officer on duty, and included statements of witnesses of the accident. An applicable statute stated that records kept in the normal course of business are admissible without the recorder's firsthand knowledge. However, the court did not allow the report into evidence.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment