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:
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