Potomac Insurance v. Donovan

Memorandum: Defendant rested his case without offering any evidence. Plaintiff’s counsel requested the court to charge “ that if the defendant failed to produce his employee, the absence of that witness can be held to infer that his testimony would not be favorable to the defendant. The Court: I will so charge.” The transaction upon which plaintiff’s cause of action is based occurred in 1944 when defendant’s employee was about fifteen years of age. This trial was had in 1950 and the record does not disclose whether such employee was still in defendant’s employ or in any way subject to his…