LEWIS V. BAKER
526 F.2d 470 (1975)
NATURE OF THE CASE: This was a personal injury action. Appealed. Lewis (P) sought review
of a judgment entered in favor of Baker (D) in P's action for personal injuries pursuant to
the Federal Employers' Liability Act, 45 U.S.C.S. 51 et seq., and the Federal Safety
Appliance Act, 45 U.S.C.S. 1 et seq.
FACTS: Lewis (P) was a freight brakeman for the Penn Central Railroad. His injuries were
a result of failed brakes on a car which he was riding in Penn Central's rail yard: the car
was traveling down a slope, and P was injured as he jumped off it before it reached the
bottom. At trial, the defendants (D) sought to rebut P's allegations of a faulty brake on
the car by introducing Penn Central's reports regarding the accident. The reports indicated
that the brakes on the car from which P had jumped were tested within four hours after the
accident, and found to be functional. The brakes were tested and the report prepared by
employees of Penn Central who were neither involved in the accident nor witnesses to it, and
were properly authenticated as business records. P objected to the admission of the reports,
arguing that, because they dealt with an accident, they were not prepared in the regular
course of business. The trial court admitted the reports. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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