(DOWNLOAD) "Ulm v. Moore-Mccormack Lines Inc." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Ulm v. Moore-Mccormack Lines Inc.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 27, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff reads our opinion herein, 2 Cir., 115 F.2d 492, as saying, in effect, that "upon any trial, an attorney for one of the parties may pick up any piece of paper, offer it in evidence upon a showing that it was subpoenaed, and the offer must be accepted," if its contents are relevant. We do not think that a fair reading; at any rate, we hasten to disavow any intent to set aside the statutory provisions, 28 U.S.C.A. ? 695, for the admissibility of relevant business records when made in the regular course of business and when it is the regular course of business to make such records at the time of the occurrence in question or within a reasonable time thereafter. Plaintiffs concession that the records were procured by subpoena to their custodians was only one of several indicia of authenticity upon which we relied. And we thought a new trial necessary not only because of the exclusion of the hospital records, but also because of undue restriction of cross-examination - each involving the same vital issue of the nature or existence of plaintiffs personal injuries, and hence not only their extent, but also whether he had been injured at all.
 "Ulm v. Moore-Mccormack Lines Inc." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free){kind=link}