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O'Neil v. Bilotta

Supreme Court of New Jersey
Sep 22, 1952
10 N.J. 308 (N.J. 1952)

Summary

holding that a negative inference may be made when a party fails to produce a witness, "when it would be natural for the party to produce the witness if facts known by him had been favorable"

Summary of this case from Glen Rock Bldg. Supply, Inc. v. Klecha

Opinion

Argued September 15, 1952 —

Decided September 22, 1952.

Appeal from Superior Court, Appellate Division.

Mr. Isadore Rabinowitz argued the cause for the appellant.

Mr. Jack Rinzler argued the cause for the respondents ( Messrs. Feder Rinzler, attorneys).


The judgment will be affirmed for the reasons expressed in the opinion of Judge McGeehan in the court below.

For affirmance — Justices OLIPHANT, WACHENFELD, BURLING and JACOBS — 4.

For reversal — Justice HEHER — 1.


Summaries of

O'Neil v. Bilotta

Supreme Court of New Jersey
Sep 22, 1952
10 N.J. 308 (N.J. 1952)

holding that a negative inference may be made when a party fails to produce a witness, "when it would be natural for the party to produce the witness if facts known by him had been favorable"

Summary of this case from Glen Rock Bldg. Supply, Inc. v. Klecha
Case details for

O'Neil v. Bilotta

Case Details

Full title:FABIAN O'NEIL, PLAINTIFF-APPELLANT, v. CARL BILOTTA AND TERESA BILOTTA…

Court:Supreme Court of New Jersey

Date published: Sep 22, 1952

Citations

10 N.J. 308 (N.J. 1952)
91 A.2d 231

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