*1 341 on the objections raised the by defendant to the rejected offer of the testimony by Smith, as the plaintiff’s expert, to “customs and standards used those trades by or occupations wherein the aof human at suspension elevations with being the to of regard type hooks.” equipment, particularly Such evidence was relevant to the issue at hand and the trial it; court erred in see excluding v. L. Deschamps Bamberger Co., & 128 N. L. J. 527 Ct. affirmed 129 (Sup. 1942), N. J. L. 517 & A. 2 (E. 1943); Wigmore on Evidence (3rd ed. 461. sec. 1940),
The is below reversed and the matter judgment is remanded a for new trial.
For reversal—-Chief Justice Vanderbilt, and Justices Waciieneeld, Heher, Burling, Jacobs and Brennan-—-6. Oliphant—1. For affirmance—Justice THE MATTER IN OF THE APPLICATION OF DE SILVIO VITA A FOR WRIT OF HABEAS CORPUS.
Argnecl 13, 19, October 1953 Decided October1953.
Mr. Harry the Kay cause for the argued appellant.
Mr. Edward Gaullcin the cause argued for the respondent C. William (J/r. Caruso, of counsel). The is affirmed judgment for the reasons
Per Curiam. in the expressed of opinion in Judge the Naughright Superior Court, Law Division.
342
Heher, reverse for J. I would the (dissenting). judgment the in the my prior reasons dissent on affirmance of given *2 J. Grillo, v. 11 N. in this cause. 173 judgment the State (1952). For Vanderbilt, and Justice Justices affirmance—Chief Waci-ienebld, Burling, Brennan—
Oliphant, Jacobs and 6.
For reversal—Justice Heher—1. PETITIONER-APPELLANT, ROBERTSON, v. ELIZABETH CORP., CONTAINER DEFENDANT-RESPOND- EXPRESS ENT. Argued 21, 13, September Decided October1953. 1953