Assalone v. Hazel

The judgment must be reversed for error on the trial for which the learned trial justice may not be held responsible. He followed the rule laid down by this court on a prior appeal (240 App. Div. 701) through a casual and inadvertent statement in the memorandum decision in respect to a subject not called to the attention of the court by brief or argument.

The action is to recover damages for death by wrongful act or neglect, plaintiff’s intestate having been killed by the collapse of the “ boom ” or arm of a crane while engaged in lifting a small load in excavating a cellar in which decedent…