The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-11-05
CURIOUS MILK PHENOMENON.

A suit OF no little interest to all who are accustomed
20 the Of milk tried before Chief Justice Shea
and jury ia the Marine Court yesterday. The suit
was brought by Louis Travis, Westcheser farmer to
from George Iced, milk dealer OF this city,
over $780, balance due for milk furnished during
period Of six months. The defence of Iced was that
he was compelled to throw away Of the milk involved
in the suit than fifteen cans, some OF which
sour and another portion aduiterated in q to
him mexpcable but odorous OF sulphur that he had
not the courage TO 1t 70 his customers On these
grounds he inerposed Offset to plaintiffs bin to
the OF 1916 The most interesting part of the
Case, however, the charges of plaintiff and
defendant against each other to the adutcraton OF
milk. The plaintiffs testimony to the effect that
his contract with the defendant deliver the milk
at Golden's Bridge, the Harlem Railroad that from
that point the milk at the risk Of defendant until
IL arrived at the depot Lexington avenue between
Fortyseventh and Forty eighth streets and that
PENDANT paid the freight While m TX remains at the
depot in the country the plaintiff has frequently
as many as sixteen or eighteen persons most Of
them in some way connected with the railroad
who filled their cans with milk and replaced
the stolen liquid with water. From this fact
he inferred that whatever doctoring may have been
done to the milk complained of by defendant
was done, II not by defendant by some one after IT
had been delivered at the depot at Godens Bridge In
response TO defendants counsel plaintiff further tes
fed that he put baking in has milk to keen
II from souring, knew OF no mineral which would keep
IL from souring, but would be glad to know On
occasion he accompanied the defendant on his wagon
as he started out his When they had reached
the vicinity Of Twenty eighth street and seventh
nue. the defendant took pal Of water from under the
Seat OF his wagon and poured into his milk can, at
the same time remarkng that he could not do more
then as CHOSE fellows after pretty sharp" but
admitted he had another pail in reserve under his seat
''Dd you say anything to him about putting water in
the milkf' asked opposing counsel
81 did not" replied the plaintiff at was his milk
then; was not buying it, had sold it," Admitting
that defendant had told him of the lids having been
blown of two of the cans he could give explanation
of the strange phenomena, other than that the mix
was getting sour, and as milk gets sour IL gradually
rises He had on one occasion provided locks Tor his
milk cans but the railroad men had so persisted in
breaking the iron strap to which the lock attached,
and sometimes the lids and locks in order that they
might levy backsheesh the cans, that he got tired
OF paying for repairs, and concluded TO abandon his
toners to the mercy of the railroad men. AS TO the
capacity of ordinary in the blooming month of
May, when the grass fresh and juicy, he placed at
from sixteen TO twenty quarts daily, all of.which, he
insisted furnished in pure state and at one price,
although defendant had customers whom he
charged eight cents, some ton and others twelve cents
per quart
parently full Of righteous wrath. His story was to the
effect that during the months OF May and August last
he received milk from the plaintiff which was both
and aduterated The milk he received IN May
and he threw away, the plaintiff promising to allow
Jim for IT, In the month of August, however, 10
pass an incomprchensible event He had gone to the
depot before the were unlocked and Immediately
upon their being opened got OF plaintiffs
milk, two OF which he brought homo TO his store,
where they remained over night On the following
morning, TO his asonishment he discovered that dur
ing the night the lids had been blown of the and
the milk had overlooked on the floor. Having
cred from the first shock he and his
wife put their together in order
TO iathom a mystery which their united vision and
stock of science and experience and observation in
the milky way had failed TO solve The result, he
ead, a strong odor of sulphur from the miik-an
odor too strong for the stomach and conscience
of milkman. He Immediately took the train for the
dairy of Farmer Travis. sven / get dare said the
witness, 'he had come nit und at hees
dinner NIT his tells him all about de milk.
he say he don't know; may be de donner do H. But
his son, he say, ii vos dot bakin soda Den Farmer
Travis he dake me out and snow me roun, und al de
corner We have drink Mr. Travis he dreat me. Den
he tells me drow de milk in dc water closet, und
kom right away home and drow him.
'Dd you put water in your milk, rs plaintiff has
testlcdf ~ asked plaintiffs counsel in cross examina
Zion.
'Vell, dat is besscr Soda y answered the defend
anti ~ put milk in him dot time
This substantially concluded the testimony in the
case with the exception OF that OF defendants wife,
who corroborated HIM as to two OF milk having
blown the lids off, and smelled in way unknown to
their experience hitherto
few minutes after Chief Justice Shea had given
the to the jury, they returned into with
verdict in favor Of the plaintiff for $500 After the
verdict had been rendered the Judge remarked to
counsel that he would have copy of that portion of
the testimony relating to the dealings Of employees of
the Harlem road with the milk transported over
II transmitted to the officers Of the company for their
Information.