Rossiter v. Boley

Citations

• 13 S.D. 370
• 83 N.W. 428
• 1900 S.D. LEXIS 157

Syllabus

<p>In au action for services, the court instructed that if a party has in his possession evidence touching a matter in controversy, and such evidence is not produced, the jury may assume that such evidence would be damaging to the party failing to produce it, which instruction was based on the theory that plaintiff did not produce certain receipts and books of account. No notice to produce was given. JETelcl, that such, instruction was erroneous, and authorized the jury to infer that every withholding of evidence would be prejudicial, no matter how innocently done, or of what character the evidence was, or what it would tend to prove.</p> <p>Fuller, P. J., dissenting.</p>