Brief Fact Summary. A motorcycle collision occurred, and there was a dispute about the manner in which it took place.
Synopsis of Rule of Law. The exception to the hearsay rule for records of regularly conducted business activities does not encompass documents like police reports, which contain statements made by third parties not under any duty to prepare the document or to tell the truth when talking to the officer preparing the report.
Issue. Whether the police report was admissible as a regularly conducted business activity?
Held. No. The police report is not a record of a regularly conducted business activity, but rather a report full of hearsay statements of third persons, with no indication that they saw the accident or were merely repeating what others had said.
That purpose was to secure the enactment of a statute which would afford a more workable rule of evidence in the proof of business transactions under existing business conditions.View Full Point of Law