EVIDENCE-PRIVILEGE-USE OF PRIVILEGED ACCIDENT REPORT TO REFRESH OFFICER'S RECOLLECTION

Plaintiff, a passenger in an automobile, recovered a judgment for injuries received in a collision. Defendants' motion to exclude testimony of the police officer investigating the accident as to admissions of the driver was overruled by the trial court. Defendants contended that the required accident report filed by the defendant driver was privileged by statute, and therefore the testimony of the officer was inadmissible. On appeal, held, reversed on other grounds.

It was proper for the officer to testify as to the defendant driver's admissions even if it was necessary for him to refresh his recollection of these admissions by using the statutory report filed by the defendant. Wallace v. Skrzycki, 338 Mich. 165, 61 N.W. (2d) 106 (1953).