Silveous v. Rensch

Defendants claim that the special charge given by the trial court was proper and that the Court of *84Appeals erred. We find the charge given under these circumstances is prejudicial error.

Defendants direct the court’s attention to authorities to the effect that an adverse inference may arise where a party fails, without satisfactory explanation, to call a witness where the existence of the witness is known to and is in the control of the litigant whose interest would naturally he served by his production. Llewellyn v. Cincinnati Street Ry. Co., 66 Ohio App. 107; Hubbard v. Cleveland, Columbus &…