Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-01
The CORN CASES.
Somerset County RescIipts
OF Considerable Interest.
Central Maine Disturbed in 1871
By Early Visit Of Jack Frost
And the Outcome Has Been In.
creased Court D0ckets.

The following rescripts in the corn
cases" started by an early frost in
1911. are of interest and significance
in Central Maine:
Trafton VS.. Davis ct ais Somerset
County. Rescript, Whitehouse G. J.
In this case, the plaintiff recovered
verdict of 1873, as damages for an
alleged breach. of contract in, refusing
to accept quantity of sweet corn
grown by the plaintiff for the de-
PENDANTS. =.
The plaintiff cultivated afteen acres
Of corn, but made no claim or account
of the corn grown on one acre that
was planted later than the rest, and
didn't make a good stand" The corn
in controversy here was raised on two
fields, one of ten acres and one of four
acEes, situated on the elevation known
as Bigelow HILL about 2lA miles below
the village Of Skowhesan,
1t is not in controversy That on the
night of the. 18th Of September 1911,
there was a frost throughout the State
uncqualed in severity. for that early
date in the season, since the heavy
frost of 1883. But it is contendcd in
behalf of the plaintiff that, by reason
Of the fact that his corn was growing
on IA high elevation of land and the
further fact that portion of his ten
acre lot was exceptionally thick and
heavy growth, affording better pro-
lection against the action Of the frost.
the probability of any serious injury
tn his
would be to ordiEary crops growing on
the lower grounds.
1t is not in controversy that on
Monday, September 18th, the defen-
dants rejected the plaintiffs corn be-
cause they deemed it nonsuitable for
canning on account of the injury
which it suffered from the frost. There
is no evidence, or reason to believe,
that they were actuated by any other
motive in refusing to accept it. They
were engaged in the canning business,
and the SkoWhegan factory was then
in operation. They had large orders
to fill, and had all the men and ma
chinery required to turn out a product
sufficient to fill them. They needed
all the corn contracted for that was
toners: and their instructions to the
foreman and fleldinspector accord
lngly were to get in all the corn that
was not frost bitten. but not To accept
any more frost-bitten corn after Mon
day" IL is obvious. therefore, that f
any corn suitable for canning was re-
jected by the defendants it was sole
ly the result of an error of judgment
on their part
1t is undoubtedly a fair inference
from all the evidence that not SO large
a proportion of the plaintiffs corn was
injured by the frost, and generally not
so severely injured, as a majority of
the crops ON the lower lands. But It
appears in evidence that it is inn
practicable TO separate the good ears
from the bad in the loads of corn that
are brought in: and if only COM
paratively small quantity of damaged
corn is mingled with the good in the
process of canning, some of the cans
will be found unaerchantable.
With respect TO the apparent effect
Of the frost upon the corn on the ten
acre lot, the testimony of the plaintt
is to the effect that the next day after
the frost the field had the general APP
pearance of having been struck by n
light frost: that the flags or "top-most
leaves" on a part of the stalks were
frost bitten and after the sun came
out they turned a lighter color; that
the rest of the leaves SO bitten at the
top eventually died; that the husks oil
the ears on a part of the hills were
e he dc
inches down the ears; that they con-.
tinued To eat the corn on the tapte
for two weeks after the frost anu
found mo indication of bitterness OF
ANYTHING of the kind; and that he eH-
amined and tasted it before it was
cooked and found it full of milk ana
with no watery condition.
Mrs. Trafton, the PLAINTIFFS VINE,
testiffes that she had "A telephone can
from Mr.. Hill. the defendants field
Inspector. the morning of the frost, in
curing if they had a heavy frost up
there: and she told him she dldn [
think they did; and he told her TO le"
Mr.. Traitor to wait few days, tneg
wanted to get their corn from the 10"
lands first She further testlhes as
follows: Il heard the men taking
over at the breakfast table and heafo
them say there had been heavy frost
and spoke of the corn. the two Tracy
bows. / heard them talking
about ii. and could tell by the looks
Of things that there had been a Iros.
Of course. but the extent of 1t dldh
| know anything about
-Four other witnesses gave testimony
tending to support the PLAINTIFFS con-
| tention.
| AS in the Gardiner case, no evidence
| was introduced by the plaintiff IN re-
gard to the chemical changes that take
place in the ear of cernEesultlns from
the action of the frost on&lhe husKs Oh
the ear, or the suitabilitx of the corn
for canning purposes at different
noints of time after it has been struc''
bv the frost. The burden OF PROOF
was upon him to prove that his corn
was suitable for canning. But he OF
fered no witness who had ever had any
experience in canning corn, or en-
gagged in any employment which I'M
posed upon him the duty and re-
,,,1o,e;biIft,, Of decidinp whether, IN