Adamczuk v. Holloway

338 Pa. 263, 13 A.2d 2 (1940)

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Nature of the Case

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Facts

Adamczuk (P) sued Holloway (D) for injuries and property damages that he received as the result of an automobile accident. At trial, P testified that a photo was accurate in its representation of the scene of the accident. On cross-examination, P testified that he had no photographic experience, did not know who had taken the photo, and was unfamiliar with the conditions under which the photo was taken. D objected to the photo's admission into evidence. His objection was sustained. P tried two more times to get this photo admitted, but was rejected by the court. The main problem was that P did not have the original photographer take the stand about his photo, nor did he bring in any other proof regarding the circumstances of the photograph. The jury returned a verdict for D. P moved for a new trial. P then appealed from the motion's denial.