Wilkes v. Clark

Citations

• 95 Kan. 493
• 148 P. 768
• 1915 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Memorandum—Competent Evidence. A witness may refresh his recollection by the use of a memorandum made under his directions, and under the facts stated in the opinion the memorandum itself may be received in evidence.</p> <p>2. Evidence — Bills of Lading — Carbon Copy Admissible. Carbon impressions of bills of lading made at the same time are the same as originals, and where it is shown that one copy was given to the railroad company and one copy retained by the consignee, either may be offered as primary evidence.</p> <p>3. Evidence — Hearsay—Exclusion Not Error. In this case it is held that there was no error in refusing to permit the defendant to testify what the destination weights of carloads of coal were at the point to which they were reshipped ,by him, his information having been furnished him by his consignee.</p>