Judgment entered June 27, 1962, in favor of plaintiff, unanimously reversed on the law and on the facts, and a new trial ordered, with costs to abide the event.
The cause of action as set forth in the complaint was based upon a theory of the supplying of a defective instrumentality for plaintiff's use. At the trial the theory upon which liability was sought to be predicated was the assurance of safety concept. This was embraced within the court's charge as given originally...
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