The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1913-04-03
MOTION SUSTAINED AND NEW TRIAL.
GRANTED IN SOMERSET CORN CASES
Rescript Of Much Interest Here. The Result of
A Frost Disturbance in this Vicinity in 1911

The following rescripts in the corn
cases" started by an early frost In
la11 are of interest and significance
in Central Maine:
Trafton vs.. Davis ct ais, Somerset
County Rescript, whitehouse, c. j.
In this case, the plaintiff recovered
a verdict of $S79, as damages for an
alleged breach of contract in refus-
ing TO accept a quantity of sweet corn
grown by the plaintiff for the de-
fendants.
The plaintiff cultivated fifteen acres
of corn, but made no claim on ac-
count 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 acres, situated on the
elevation known as Bigelow Hill
about 2h miles below the village of
Skowhegan.
1t is not in controversy that on the
night of the 18th of September, 1911,
there was a frost throughout the
State unequaled in severity, for that
early date in the season, since the
heavy frost of 1888. But it Is contend
ed in behalf of the plaintiff, by rea-
son of the fact that his corn was
growing on a high elevation of land
and the further fact that portion of
his ten-acre lot was exceptionally
thick and heavy growth, affording
better protection against the action
of the frost, the probability Of any
serious injury to his corn was much
less than it would be to ordinary
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 1t suffered from the frost. There
is no evidence, or reason to believe,
that they we're actuated by any other
motive in refusing to accept It, They
were engaged In the canning busi
ness, and the Skowhegan factory was
then in operation. They had large
orders to fill, and had all the men anj
machinery required to turn out a
product sufficient to fill them. They
needed all the corn contracted for,
that was suitable to can, to supply
their customers; and their instruc-
tions to the foreman and field-in
spector accordingly were to get in
all the corn that was not frost-bit-
ten, and not to accept any more
frost-bitten corn after Monday" 1t
is obvious, therefore, that If any corn
suitable for canning was rejected by
the defendants, 1t was solely the re-
suit of an error of judgment on their
part.
IT is undoubtedly fair inference
from all the evidence that not so large
a proportion of the plaintiffs corn
was injured by the frost, and gener-
ally not so severely injured, as ma
jority of the crops on the lower lands.
But it appears in evidence that 1t Is
impracticable to separate the good
ears from the bad in the loads of
corn that are brougM in; and if only
comparatively small quantity of
damaged corn is mingled with the
good in the process of canning, some
of the cans will be found unmerchan-
table.
With respect to the apparent effect
acre lot, the testimony of the plain
tiff is to the effect that the next day
after the frost the field had the gem
eral appearance of having been struck
by a light frost; that the flags or
'top-most leaves" on part of the
stalks were frost bitten and after the
sun came out they turned lighter
color; that the rest of the leaves so
bitten at the top eventually died;
that the husks of the ears on part of
the hills were frosted on the ends
and one or two inches down the ears;
that they continued to eat the corn
on the table for two weeks after the
frost and found mo indication of bit
terness or anything of the kind; and
that he examined and tasted 1t be-
fore it was cooked and found 1t
full of milk" and with no watery
condition.
Mrs. Trafton, the plaintiffs wife,
testifies that she had telephone call
from Mr.. Hill, the defendants field
Inspector, the morning of .he frost,
inquiring il they had heavy frost up
there; and she told him she didn't
think they did; and he told her to
tell Mr.. Trafton to wait a few days,
they wanted to get their corn from
the low lands first" She further
testifles as follows: II heard the
men talking it over at the breakfast
table, and heard them say there had
been a heavy frost, and spoke oi the
corn, the two Tracy boys. - 1