Johnson v. Lutz

This action is to recover damages for the wrongful death of the plaintiff’s intestate, who was killed when his motorcycle came into collision with the defendants’ truck at a street intersection. There was a sharp conflict in the testimony in regard to the circumstances under which the collision took place. A policeman’s report of the accident filed by him in the station house was offered in evidence by the defendants under section 374-a of the Civil Practice Act and was excluded. The sole ground for reversal urged by the appellants is that said report was erroneously excluded. That section…