palmer hoffman argued decided february rehearing denied march see edward brumley new york city petitioners wm paul allen new york city respondent justice douglas delivered opinion case arose grade crossing accident occurred massachusetts diversity citizenship brought federal district new york several causes action first two behalf respondent individually one brought massachusetts statute common law third fourth brought respondent administrator estate wife alleged common law statutory negligence first two counts question negligence trial submitted three issues ring bell blow whistle light burning front train jury returned verdict favor respondent individually favor respondent administrator district entered judgment verdict circuit appeals affirmed one judge dissenting case petition writ certiorari presents three points accident occurred night december december engineer train died trial made statement freight office petitioners interviewed assistant superintendent road representative massachusetts public utilities commission see mass statement offered evidence petitioners act june stat offered prove language act statement signed regular course business regular course business make statement respondent objection introduction sustained agree majority view properly excluded may assume statement made regular course business satisfy provisions act think made regular course business within meaning act business petitioners railroad business business like enterprises entails keeping numerous books records essential conduct useful efficient operation though books records considered reliable trustworthy major decisions industrial business world use litigation greatly circumscribed hedged hearsay greatly increased time cost making proof made records numerous wigmore evidence problem started movement towards adoption legislation embodying principles present act see morgan et law evidence proposals reform legislative history act indicates purpose engineer statement held inadmissible case falls quite different category record made systematic conduct business business accident report may affect business sense affords information management may act however typical entries made systematically matter routine record events occurrences reflect transactions others provide internal controls conduct business commonly entails payment tort claims incurred negligence employees fact company makes business recording employees versions accidents put statements class records made regular course business within meaning act law office land follow course since business defined act includes professions real perversion rule designed facilitate admission records experience shown quite trustworthy business installing regular system recording preserving version accidents potentially liable qualify reports act result act cover system recording events occurrences provided though little nothing management operation business preparation cases trial virtue incidental thereto obtain benefits liberalized version early shop book rule probability trustworthiness records routine reflections day day operations business forgotten basis rule see conner seattle ry regularity preparation become test rather character records earmarks reliability chesapeake delaware canal acquired source origin nature compilation completely empty words act historic meaning act extended apply course business also course conduct may relationship business congress must extend major change opens wide door avoidance left implication answer say congress provided act various circumstances making record affect weight admissibility provision comes play case requirements act met short manifest case reports systematic conduct enterprise railroad business unlike payrolls accounts receivable accounts payable bills lading like reports calculated use essentially business primary utility litigating railroading course us take reports act congress put nothing background law act built legislative history suggests moment business preparing cases trial included connection noted act may stat requires officers common carriers rail make oath monthly reports railroad accidents interstate commerce commission setting forth nature causes accidents circumstances connected therewith act gives commission authority investigate make reports upon accidents provided however report required section title report investigation provided section title part thereof shall admitted evidence used purpose suit action damages growing matter mentioned said report investigation similar provision stat stat bars use litigation reports concerning accidents resulting failure locomotive boiler appurtenances legislation reveals explicit congressional policy rule reports accidents certainly great claim objectivity statement sought admitted present case hardly suppose congress modified qualified implication long standing statutes permitted records made regular course business introduced assume congress expressly prohibited use company reports accidents impliedly altered policy came reports employees superiors inference wholly way several hundred years history behind act wigmore supra indicate nature reforms designed effect course liberally interpreted away anachronistic rules gave rise need aimed course business must find meaning inherent nature business question methods systematically employed conduct business business ii one respondent witnesses testified given signed statement one respondent lawyers counsel petitioners asked see ruled called inspected document door opened respondent offer statement evidence case admit see edison electric light electric lighting counsel petitioners declined inspect statement took exception petitioners contend ruling reversible error light rule rule rules civil procedure following section reach question since document marked identification part record know contents therefore impossible stated determine whether statement contained remarks might serve impeach witness accordingly say ruling prejudicial even assume erroneous mere errors substantial rights parties sufficient set aside jury verdict appellate stat seeks judgment set aside erroneous ruling carries burden showing prejudice resulted burden maintained petitioners iii final question presented case relates burden proving contributory negligence noted two causes action based common law two massachusetts statute without distinguishing charged petitioners burden proving contributory negligence petitioners excepted likewise without distinguishing different causes action without making distinction tioners requested charge burden respondent refused exception noted respondent contends first place charge correct fact rule rules civil procedure makes contributory negligence affirmative defense agree rule covers manner pleading question burden establishing contributory negligence question local law federal courts diversity citizenship cases erie tompkins must apply cities service oil dunlap sampson channell see central vermont ry white secondly respondent contends courts applied rule conflict laws obtains new york far causes action based massachusetts statute concerned disturb holding matter new york conflict laws trial bound apply klaxon stentor petitioners burden proving contributory negligence ruling based fitzpatrick international ry involved action brought new york statute province ontario statute gave plaintiff negligence action though guilty contributory negligence recovery defendant negligent damages proportioned degree fault imputable defendant new york appeals held new york courts justified applying ontario rule growing statute burden defendant show contributory negligence massachusetts statute two present causes action founded makes railroad corporation liable neglect giving certain signals provides tort damages injuries death collisions crossings may recovered neglect injury shown addition mere want ordinary care person injured time collision guilty gross wilful negligence acting violation law gross wilful negligence unlawful act contributed injury statute like ontario statute creates rights recognized common law brooks fitchburg st mass duggan bay state street ry mass sullivan hustis mass lewis boston maine mass actions burden proving contributory negligence defendant manley boston maine mass phelps new england mass mcdonald new york mass kenny boston maine mass see moreover measure damages death sum less five hundred ten thousand dollars assessed reference degree culpability railroad referred new york decision involving point propriety applying rule fitzpatrick case causes action based massachusetts statute may arguable type ruling erie tompkins supra readily disturb lower federal courts applying local law set aside ruling except plain showing error question raised common law counts serious distinguish conflict laws rule case like fitzpatrick case rule apparently obtains cases foreign cause action founded statute intimated fitzpatrick case page stated cases new york intermediate appellate courts wright palmison clark harnischfeger sales latter situation burden proving freedom contributory negligence plaintiff fitzpatrick international ry supra page reverse remand case may examine make appropriate application new york law common law counts following reason noted petitioners exceptions charge given requested charge differentiate causes action based massachusetts statute common law even assume charge latter erroneous say charge incorrect far statutory causes action concerned likewise must assume error give requested charge statutory causes action even though accept correct charge others facts general exception sufficient fairness trial parties objections charge must sufficiently specific bring focus precise nature alleged error party might obtained correct charge specifically calling attention trial error part charge correct may general exception obtain new trial see lincoln claflin wall beaver taylor mobile ry jurey mcdermott severe norfolk ry earnest pennsylvania minds long standing rule federal practice applicable type case others rule avoided reason requested charge said partially correct sufficiently discriminating affirmed footnotes established act congress writing record whether form entry book otherwise made memorandum record act transaction occurrence event shall admissible evidence said act transaction occurrence event shall appear made regular course business regular course business make memorandum record time act transaction occurrence event within reasonable time thereafter circumstances making writing record including lack personal knowledge entrant maker may shown affect weight shall affect admissibility term shall include business profession occupation calling every kind problem well stated judge learned hand massachusetts bonding ins norwich pharmacal routine modern affairs mercantile financial industrial conducted extreme division labor transactions proved first hand without concurrence persons contribute slight part part dependent memory event records records alone adequate repository practice accepted accurate upon faith routine contents unless used without task calling stages part transactions recorded nobody need ever pay debt creditor large enough business thus report senate committee judiciary incorporates recommendation attorney general stated support legislation old rule requires every book entry identified person making exceedingly difficult impossible case institution employing large bookkeeping staff particularly entries made machine recent criminal case government prevented making case ruling entries books bank made regular course business admissible evidence unless specific bookkeeper made entry identify since bank employed bookkeepers entries made bookkeeping machines impossible pp clear come within exceptions declarations deceased witness see shepard wigmore supra chs xlixliv