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

P's car struck another car that had been parked on a public highway. The issue at trial was whether the parked car had to display a lighted red tail lamp. Relating to that issue, the trial court admitted a telephone ticket with the time of call stamped on it. The call was placed when P was brought home from the accident and the time was 5:45 pm. This was used by D to claim that the accident was prior to one half-hour after sunset and impeached the testimony of P's father and mother as to P being home by 6:05 pm. A Mrs. Harry Fink gave the testimony as the operator of the phone company but admitted that she could not tell what operator had actually handled the call. P lost the verdict and appealed.

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