WINGATE v. EMERY AIR FREIGHT CORP.


385 Mass. 402 (1982)

432 N.E.2d 474

DONALD A. WINGATE vs. EMERY AIR FREIGHT CORP.

Supreme Judicial Court of Massachusetts, Bristol.

March 2, 1982.


Attorney(s) appearing for the Case

Ephraim F. Horvitz for the plaintiff.

Charles R. Desmarais for the defendant.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


HENNESSEY, C.J.

This appeal concerns the circumstances under which an employer's report of injury, containing an account of an accident that resulted in injury to an employee, may be introduced in evidence, despite its hearsay nature, in a tort case brought by the plaintiff employee against a third party. We agree with the Appeals Court's conclusion that the admission of the report in this case was prejudicial error, and reverse the judgment in favor of the defendant...

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