Opinion
May, 1923.
Judgment and order reversed on the law and the facts, and new trial granted, with costs to abide the event, upon the ground that we are of opinion that plaintiff failed to prove by a preponderance of the evidence that the death of the ducks complained of was occasioned by the alleged impurity of the bran purchased from the defendant. Kelly, P.J., Manning, Kelby, Young and Kapper, JJ., concur.