Graves v. Boston & Maine Railroad

1. Since the statement offered by the defendant did not revive the witness’ memory, it was admissible, if properly verified by him, as a record of past knowledge. The use of such records “now occupies a firm and unassailable place in our practice and doctrine.” 2 Wig., Ev. (2d ed.), s. 736.

The rule is that a memorandum of this nature may be received in evidence if the witness, upon examination of the document, cannot remember all the material matters recorded, but is able to assert that it truthfully represented his knowledge at the time. The testimony of the witness in the present case,…