Samuel v. Pennsylvania Railroad

Citations

• 45 Pa. Super. 395
• 1911 Pa. Super. LEXIS 55

Syllabus

<p>Evidence — Refreshing memory — Memorandum ■— Affidavit — Scale ticket.</p> <p>1. A weighmáster whose duty is to weigh cars and keep records of weight, may not refresh his recollection as to weights by referring to his own affidavit made two months after a ear was weighed, where he is unable to state that the weights set forth in the affidavit were derived from records which he himself had made, or which he knew to be correct at the time the affidavit was prepared.</p> <p>2. Where a case turns on the weight of a car of steel scrap, a scale ticket is properly excluded which does not contain the number of the car, nor any marks to show that it related to the freight in question, and there is no other proof to identify it or connect it with the car and .the freight in question.</p>