Concord Land & Water Power Co. v. Clough

The plaintiffs’ comment on the defendant’s failure to show the nature of the soil by inspection was an argument concerning the failure to pr.oduce available evidence, and was unobjectionable (Mitchell v. Railroad, 68 N. H. 96, 116); while the defendant’s unsworn statement of the reason why such evidence was not produced vitiates the verdict. Bullard v. Railroad, 64 N. H. 27.

Verdict set aside.