Barron v. Levinson

<p>Abstract of the Decision.</p> <p>1. Landloed and tenant, § 197*—when ■finding as to injury to premises 6y tenant contrary to evidence. In an action by a landlord to recover damages to his flat alleged to have been caused by the defendant as his tenant, a finding in favor of defendant held contrary to the weight of the evidence, where a preponderance of the evidence showed that the damage was done after notice to quit had been served on defendant and before he turned over the keys to the flat, and it also appeared that he refused to turn over the keys on the next day after he moved out, hut returned them by mail so that plaintiff did not receive them until two days thereafter, and it did not appear that defendant denied that he was at the premises in the interim between the time he moved out and the time plaintiff received the keys by mail, from which fact a reasonable inference would arise that the damage was deliberately committed either by the defendant himself or by some one for whose acts he was responsible.</p> <p>2. Evidence, § 40*—when failure to deny material fact raises presumptive evidence would be unfavorable. There is a well-established principle of law that where a fact material to the issue is within the knowledge of one of .the parties to a lawsuit, the failure to disclose such fact, when the opportunity is offered, gives rise to the presumption that the evidence would have been unfavorable.</p>