McCarthy v. Boston & Maine Railroad

I. (1) James E. Wilbur, employed by the defendant, identified entries made by him contemporaneously in a book of records, showing tests and inspections of the automatic signalling apparatus at Barberry Crossing from December 10 to 30, 1935. In the same book were entries made prior to December 10 by another inspector, who did not testify. These other entries were not identified. Wilbur testified, after refreshing his recollection, to the complete scope of every one of his entries. His entries were then received in evidence. The whole book went to the jury, but with instructions to “pay no…