ATCHISON, TOPEKA & SANTA FE RY. CO.
v.
MCCOMB

U.S. | 1931-04-20
No. 763
283 U.S. 838 Supreme Court of the United States (1931) Positive Treatment
Cited by 2 cases

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  • …The non-production of material evidence which is in the control of a party raises an inference that that evidence is unfavorable to that party. See, e.g., United States v. Delaware Bay and River Pilots’ Ass’n, 44 F. 2d 1, 4 (3d Cir.), cert, denied, 283 U.S. 838, 51 S.Ct. 486, 75 L.Ed. 1449 (1930); The Motor Launch No. 12, 65 F.Supp. 252, 253 (E. D.Pa.1946); J. Gerber & Co. v. S.S. Sabine Howaldt, 437 F. 2d 580, 593 (2d Cir. 1971). This rule has been said to be particularly applicable to suits in admiralty,…

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