This section contains the nature of the case and procedural background.

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.

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