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DOUGLAS v. BROWN

No. 6663.

358 F.2d 711 (1966)

Natalie A. DOUGLAS, Administratrix, Plaintiff, Appellant, v. Clayton E. BROWN, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided April 13, 1966.

Attorney(s) appearing for the Case

John Landfield, Boston, Mass., for appellant.

Sturtevant Burr, Boston, Mass., with whom Badger, Parrish, Sullivan & Frederick, Boston, Mass., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

The only question of consequence in this case, involving a collision between a motorcycle and a car, relates to a hospital record. There were two records, the Peter Bent Brigham, and the York. Both contained a statement as to the cause of the accident which conflicted, substantially, with plaintiff's account. These statements were inadmissible under the Massachusetts hospital record statute, Mass.G.L. c. 233, § 79, and defendant appellee...

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