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JEAN MORELLO, as Administratrix of the Estate of PHILIP MORELLO, Deceased, Appellant, v. BROOKFIELD CONSTRUCTION CO., INC., et al., Respondents, et al., Defendant.

The Trial Justice questioned witnesses to such an extent that counsel were embarrassed in the representation of their clients. However, his participation was manifestly animated by a desire to present a full and fair presentation of all issues to the jury. His charge to the jury was comprehensive, fair and clear. While such excessive participation in the trial processes by a presiding judge is to be discouraged, appellant in this instance was not prejudiced. Judgment unanimously affirmed, with costs.

Concur — Peck, P.J., Botein, Rabin, Cox and Valente, JJ.

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MORELLO v. BROOKFIELD CONSTRUCTION CO., INC
(Oct 30, 1956)