Llewellyn v. Cincinnati Street Railway Co.

OPINION

BY THE COURT:

Principal error complained of is that the court refused to permit comment on the failure to produce an available witness.

The law undoubtedly is, that if it appears in the evidence that a litigant knows of the existence of a witness, and that such witness is within the control of the litigant whose interest it would naturally be to produce him, and, without satisfactory explanation, he fails to do so, the jury may draw an inference that it would not have been favorable to him. Stocker v Boston & Maine R. R., — N. H. —, 151 Atl. 457, 70 A. L. R., 1320; 10 R. C. L. 884; 20 Am…