PEASLEE, J.
The plaintiffs' comment on the defendant's failure to show the nature of the soil by inspection was an argument concerning the failure to produce 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.
CHASE and PIKE, JJ., did not sit: the others concurred.