80 Iowa 431 | Iowa | 1890
*436 “ September 27, number 213 B. O. '* * * November 5, number 213 O. K.
“C. Hilman.”
It does not appear from tbe transcript by wbom tlie entry of September was made. That of November 5 was shown to be in Hilman’s handwriting. These 'entries are simply private memoranda, such as may be used to refresh recollection. We are not aware of any rule that renders such memoranda admissible in evidence. 1 Greenl. Ev., secs. 436, 437. That the entry of November 5 was in Hilman’s handwriting did not render it competent evidence. In Hoffman v. Railway Co., 40 Minn. 60; 41 N. W. Rep. 301, wherein the same kind of entry was offered, it was held incompetent and inadmissible. Appellee contended that if the fire was set out by one of its engines it was number 213, and as there was evidence tending to so show, the condition of 213 became an inquiry of importance. These entries relate directly to that subject. That Hilman was at home, sick, might have been good cause for continuance, but certainly did not lay the foundation for admitting a memorandum made by him as evidence of an important fact. We are of the opinion that appellant’s objection to these entries should have been sustained, and admitting them in evidence was prejudicial error. As for this reason the .judgment of the district court must be reversed, we do not notice the other errors assigned and' argued, as they will not arise upon a retrial. Reversed.