208 Mass. 193 | Mass. | 1911
The only exception in these cases is to the admission in evidence of a writing as a declaration of a deceased person. The fact was established that on July 25,1905, a letter was sent to one Reid from the accident department of the defendant corporation, reciting that his name had been returned as one of several witnesses of an accident which happened about
The plaintiffs contend that the declaration was inadmissible because it did not appear that the statement was made in good faith, or before the commencement of the action, or upon the personal knowledge of the declarant.
The contents of the paper and the fact that the statement was made in reply to such a letter as was sent were sufficient to warrant a finding of the judge
The paper, taken in connection with the manner of obtaining it, bears internal evidence that the answers were made upon the personal knowledge of the writer, sufficient to warrant the finding to that effect.
The statute (R. L. c. 175, § 66) under which the declaration was admitted, has always received a liberal construction. Sail v. Reinherz, 192 Mass. 52. Green v. Crapo, 181 Mass. 55, 63. Nagle v. Boston Northern Street Railway, 188 Mass. 38.
¡Exceptions overruled.
A witness identified the handwriting of Reid,
Raymond, J.