Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-25

Inc lollOWlHS TeScrlptS nave been
received at the office Of the clerk of
courts of kennebec county:
PISCATAQUIS COUNTY.
Herbert Luce VS.. Walter G. Davis ct
ais. Per Curtain.
Motion by defendant to set aside
verdict Plaintiff on Nov. /, 1910, con-
tracted to plant, cultivate, gather and
deliver sweet corn in suitable condi-
ton for canning at the defendants
factory during the following season.
Delivery was to be made at any time
when the defendants ordered. Defend
ants agreed to take the corn in such
condition and pay an agreed price
therefore. 1t is not in dispute that dur
ing the season of 1911, while corn was
being gathered and delivered by the
plaintiff. and others having similar
contracts with the defendants, an I'M
usually heavy frost occurred in the re-
gion of the plaintiffs farm and, indeed,
over quite a portion of the State. De-
PENDANTS refused to accept and nav
for part Of plaintiffs corn because.
as they claimed, it had been rendered
unsuitable for canning by the frost.
The contention between the parties
centers about this issue. The plaintiff
claimed that by reason Of the high al
tltuoe OF his farm, and other favorable
conditions. his corn was not frosted to
such an extent as to render any part
OF IL unsuitable for canning. Two men
who helped pick the corn testified that
IN their opinion the corn had not been
injured by the frost. A neighbor who
passed plaintiffs farm frequently tes-
tilted that the location Of this land was
favorable to an escape from the effect
of frost. and further said that he oh
served the corn after the frost and
saw no indication of damage. Another
nelghbor, whose farm was nearly op-
poslte that OF the plaintiffs, also testi-
fled similarly.
On the other hand, the defendants
field man declared that the corn which
was refused had been frost bitten. that
the husks were white, and that 1t was
unfit for packing. The foreman of de-
PENDANTS factory, a man of nearly 4s
years experience. testified that the
ears OF corn were wilted and withered
and that the corn was bitter and unfit
for canning. A neighbor of the plain
tiff, whose farm was separated from
that of the latter only. by a driveway.
SAID the leaves on the stocks were
quite white and he thought the corn
mad been hit some by the frost. A man
who worked for the last witness de-
scrited the weather conditions as
more than frost, it was a freeze"
that ice was formed in a tub from a
third to half inch in thickness and
that the ground was frozen quite hard.
He also stated that the corn which he
picked for his employer, after the frost
was froze quite hard" and that the
plaintiffs land and the land of his en-
ployer were on practically the same
level and only just across the road.
grocer who examined the corn after
the frost found it white and frost BIT
ten. A man who picked some Of the
plaintfff's corn after the frost said
that it loohed as though the field had
been struck by: frost and that while
some of the corn was greener than
others yet all was practically white on
the outside.
A more detailed and extended analy-
sis of the testimony might be made.
but after careful study Of all the ey
idence we are satisfied that either be-
cause OF sympathy for the plaintiff. or
for some other reason, the Jury did not
fully and partially weigh the testimony
IN the case, that consequently the YER
dlct was manifestly wrong and should
not be allowed to stand.
Motion granted.
New trial ordered.
Received Dec % 1919