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Palmer v. Hoffman | 318 U.S. 109 (1943)
The rule against hearsay is one of those weird rules with so many exceptions, that the exceptions seem to swallow up the original rule. The United States Supreme Court considered one such hearsay exception, the business-records exception, in the 1943 case of Palmer versus Hoffman.
Inez Hoffman was killed, and her husband, Howard, was seriously injured, when, while crossing railroad tracks at night, their car was struck by a locomotive owned by the New York, New Haven, and Hartford Railroad Company. Howard Hoffman sued the railroad company in federal court, alleging that the locomotive didn’t have its lights on, or sound its whistle or bell to warn that it was approaching the crossing . During the proceedings, the railroad company went bankrupt, and Howard Palmer was named the company’s trustee.
Two days after the accident, the railroad company’s assistant superintendent interviewed the train’s engineer. During the interview, the engineer made and signed a written statement about the accident. The engineer died before Hoffman’s lawsuit went to trial. At trial, the railroad company sought to introduce the engineer’s statement into evidence as a record of regularly conducted business activity. The district court refused to admit the statement, and the court of appeals affirmed. The United States Supreme Court then granted the railroad company’s petition for cert.
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