explaining that, although factual findings from official investigative reports are admissible under Rule 803(8)(c), “any hearsay contained in the report must also fall under one of the hearsay exceptions"
How later courts described this case
- explaining that, although factual findings from official investigative reports are admissible under Rule 803(8)(c), “any hearsay contained in the report must also fall under one of the hearsay exceptions"
- stating that in determining whether an instruction is required, evidence must be viewed in light most favorable to proponent
- in determining whether instruction is required, evidence must be viewed in light most favorable to proponent
Written by the judges who cited it.
The opinion
Judge Phillips
dissenting.
I agree that under the circumstances it was not reversible error to refuse to admit into evidence the National Transportation Board Factual Report and that basis existed for charging on the sudden emergency doctrine. But in my opinion it was reversible error not to apply the theory of negligence per se to the pilot’s violation of 49 C.F.R. Sec. 91.116 of the federal aviation regulations. Obeying the regulation, the purpose of which is to protect the lives of those who travel the airways, was not discretionary with *450 the pilot and that no criminal penalty is authorized for its breach is immaterial.