The following will evince the compiler crash:
It appears that in the absence of a type parameter to the `new Foo` instantiation, the type inferencer looks to the expected type of `foo` to try to infer it. In the presence of the type refinement in the expected type, this crashes the compiler.
This doesn't crash in Scala 2.10.6 (although it doesn't compile), but does with every version from a random sample of 2.11.x releases.
Could be related to