Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-01

a quantity of sweet corn grown by the
plaintiff for the defendants, who were
co-raNners doing business under til
firm name Of the Portland Packing
Company. The contract between the
parties is in writing, and contains the
following provisions:
Each of said subscribers will, during
the season Of 1911, plant with sweet
corn raised from seed 10 be furnished
by said Portland Packing Company, at
$500 per bushel and properly cultivate
the quantity of land set against his
name, and no more, and will when the
corn is in Il green state, and in a suit
able condition for canning, or at any
time when ordered SO to do, gather and
deliver the corn at the ccmpany's can
merry at Skowhegan."
The quantity of land cultivated by,
the plaintiff in pursuance of the con-
tract Wis four acres.
1t is not in controversy that prior to
September -, 1911. the defendants ae-
cepted. 394 Bushels of corp delivered
by The. plaintiff at their 6anncry in
SkoWhegali,- and paid for the same ae-
ccrding to the contract and it is not
denied by the defendants that they -
fused to accept the balance of =
bushels raised by the plaintiff on Ee
land in question. In their brief sf0te-
ncnt OF special matters of defence,
they state that "on the l4th day OF
September, 1911, there. was an unusual,
severe and unreasonable frost, where
by the corn of the plaintiff was frozen
and rendered unsuitable for canning
purposes" They accordingly claim that
| bv the terms of their contract, they
were under no obligation to accept corn
which was not lin a suitable condition
| FOR canning
The jury rendered q verdict for the
plaintiff for $101.17, and the case comes
| to this Court on the defendants motion
to set aside the verdict as against the
evidence There arc no exceptions
pending. and there is no dispute be-
tween the counsel of the respective
parties in relation to the law appiica-
BILE to the case. The sole question be-
fore the Court is one of fact; and that
is, whether the plaintiffs corn in ques-
ton, at the time the defendants refus-
| cd to accept ii, was IN a suitable con-
dition for canning" having reference
to the nature and purpose Of the de-
PENDANTS whole enterprise and the
manner in which their canning business
was necessarily conducted.
The defendants maintain fourteen
canning factories throughout the corn
belt of the State, ard have been engag-
cd in the packing of corn for more than
| thirty years. 1t is not in controversy
| that on the night of the 18Th or the
y,F S.r,to In1
| there was an unusually screre frest
which affected the growing corn to a
| greater or less extent throughout the
State. But whether the corn grown
on land in given locality was FROST
bitten to a degree that rendered ii I'M
suitable for canning, vas a question to
be determined upon the facts OF thai
| particular case; for it IS obvious that
| there may be as many different de-
| grees Il frost and qualities and condi-
| tions of corn as there are tracts OF
| land. It is therefore necessary to take
| into consideration, net only the direct
| testimony rela ting to tie effect ef the
| frost upon the leaves and SpiHdles OF
| corn and the apparent condition OF the
kernels of corn. during the two or
| three days after the frost, but the
| knowledge derived from long expert
| cnce respecting the chemical changes
| that take place in corn that has been
| frost-bitten after it is struck by the
frost. AS bearing upon the protahlll-
| ties of the severity Of the frost and its
| effect upon the corn, III given case,
| it is also important 70 consider whether
the corn was grown on high or low
| 8 = clear md
cool or cloudy ard warm Immediately
after the frost: for ii is an elementary
principle in the science OF physics that
| the atmosphere, rarlicd and maze
Tighter by warmth has a universal ten
dency TO rise, while the colder ana
| heavier air .akes the lower position To
which gravitation entitled 1t. Hence
| it is matter of familiar experience
| that the earlier frosts of autumn are
more severe upon the how grounds than
upon the neighboring hills which are
not only covered with warmer air, but
are more exposed to the winds which
prevent its stagnation.
Furthermore il might not be. and
| ordinarily would not he possible fbi
| the defendants with the factory oper-
| ated to lis full capacity, TO can, IN a
| single day: or in two or tlnee. days
| after. a frost, all of the frost bitten
corn tlalt might be offered by the con
| tracing parties.
The plaintiffs corn was growing OF
low land, about AZ miles below thf
| village Of SEoWhegan. In his testi'
mony, he. SAYS 1t was planted on The
/ intervale, or, what is called the Lowe
| farm by tire river The next morn.
ing after the frost, | went down to th'
piece of corn, sthe first thing, about Sly
O'Clock, and examined it. The spindie'
and the leaves and the outer Eusk'
| were ehifted. l stripped come of tn
corn down and the inner leaves OF tn
| ears weren't frozen any, and the corr
| apparently was all right.'.I couldn
| see where it had touched the corn
| The stalks were all right at that time
The spindles and leaves, as | say
| were frozen On cross examination
he SAYS. 1T was a severe FROST; ant
in answer to the question, Did yol
ever know of frost as heavy as tfl'
at that time in the season in your OK
perienccP" he says, well, | don't know
as | ever did" He also admits that be
tween Thursday, the morning Ct TIM
frost ard the Saturday following