Is a court wrong to allow an expert witness to testify as to what was the best tool?

Respondent contends that any error contained in the separate instructions mentioned was overcome by correct instructions given also. The giving of conflicting instructions on a vital issue is in itself prejudicial error. Intagliata v. Ship

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The question whether the court committed error in permitting an expert witness for plaintiff to testify as to what was the proper way of removing the fitting aboard ship (to wit with what tool) because the answers would tell the jury what was the best tool instead of whether the tool provided was reasonably safe, need not be decided because no objection on that ground was made. In view of the new trial which will be necessary it may nevertheless be stated that the proof should not relate to what were the best tools but to what were reasonably safe and suitable tools, Jacob v. City of New York, supra, 315 U.S. 752, 62 S.Ct. 854, 857, 86 L.Ed. 1166; this, however, does not mean that testimony as to the advantages and disadvantages of different tools available for the purpose on the market may not be relevant as to the reasonable suitability of the tool procured.

The judgment is reversed.

* Dismissed Sept. 4, 1951.