Order reversed, with $10 costs and disbursements; plaintiff's motion granted; an assessment of damages is herewith directed, following which judgment shall be entered in favor of plaintiff against defendant, with costs; and action accordingly severed from the third-party action and remitted to the court below.
Plaintiff is a California turkey grower who contracted to ship a truckload of turkeys to a purchaser, Murray Packing Co., Inc., of New York. Pursuant thereto...
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