Majority
p. 951Dorothy Jackson, Respondent, et al., Plaintiffs, v. Angelina Giammarino, Appellant.
No opinion. Carswell, Johnston and MaeCrate, JJ., concur; Nolan, P. J., and Adel, J., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum: The court charged the jury that in order to
p. 952
recover, respondent must establish that the particular part of the structure complained of caused or brought about the accident. In our opinion, as a matter of law, the evidence is insufficient to sustain the verdict based upon that charge. Since the deficiency in the proof may be supplied, a new trial should be granted.