Illinois Central Railroad v. Weinstein

Citations

• 99 Miss. 515
• 55 So. 48

Syllabus

<p>Tbiai. Improper argument. Instructions.</p> <p>Where in the argument of a close case upon the facts, the counsel for plaintiff in commenting on the facts of defendant’s failure to produce certain witnesses on the stand said, over defendant’s objection, that the fact that defendant had not brought certain witnesses raised the reasonable inference that defendant believed that if such witnesses were present they would testify in favor of plaintiff, and thereupon defendant asked an instruction that the jury could not presume that any person not present would testify against defendant and that defendant was no more bound to produce such witnesses than plaintiff. Held, that the refusal of this instruction and the refusal of the court to prevent the improper argument of counsel was reversible error.</p>