Judgment unanimously reversed and vacated, on the facts and the law and as a matter of discretion, and a new trial ordered, with costs to the appellant to abide the event.
In this nonjury action for wrongful death, the issue presented is close. Usually the judgment arrived at by the trial court is not to be disturbed but here the record contains statements by the trial court which reveal misapprehension of important phases of the testimony. This being a nonjury case...
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