Stracher v. Corning Glass Works

— In an action to recover damages for personal injuries based on negligence and breach of warranty, the defendant appeals from an interlocutory judgment of the Supreme Court, Nassau County, dated May 27, 1971, in favor of plaintiff on the issue of liability. Judgment reversed on the law, and a new trial granted, with costs to abide the event. Reversible error was committed when plaintiff’s expert was permitted to assume a fact, not previously nor subsequently established, that the flask was nonhomogeneous and from it to *561infer what caused the flask to cleave. It is settled law that opinion…