Williams v. Alexander

309 N.Y. 283, 129 N.E.2d 417 (1955)

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Nature of the Case

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Facts

Williams (P) was hit by Alexander's (D) car as he was crossing the street with the traffic light in his favor. P claimed that D ran through the light without slowing down. D claimed that he was at a complete stop at the intersection, and had been propelled into P by another car. At trial, P introduced the portion of his hospital records which bore directly on his injuries and their treatment. D offered the remainder of the records, which was received in evidence over P's objection. At issue was an entry in the records to the effect that P had told a physician that 'he was crossing the street and an automobile ran into another automobile that was at a standstill, causing this car to run into him.' D argues that the records, and this statement, are admissible under the business records exception to the hearsay rule.