Order modified, and, as modified, affirmed, with costs to plaintiff.
Memorandum:
Plaintiff, a motor freight carrier, brought suit against defendant, the shipper, for the damages resulting from the loss of two gear-cutting machines valued at a total of $243,000. The loss occurred while plaintiff's truck was transporting the machines from defendant to the consignee, Eaton Corp. The contract under which defendant sold the machinery to Eaton Corp. provided that...
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