Mintz v. Wipper

It was error for the court to charge the jury, as requested by plaintiff with respect to the inference to be drawn from the unexplained absence of the defendants or any witnesses under their control. <£ In such circumstances the jury have the right to accept the testimony before them which might have been but was not controverted, and to take it most strongly against the party who might have controverted it but failed to do so. The jury may not, however, infer that such witness would, if called, testify unfavorably to the party who failed to call him.” (Raimondo v. Fairchester Bakers, 265…