Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
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...
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