■Ghe  RURAL  NEW-YORKER 
being  held  and  will  use  a  great  amount  of  ice. 
Farmers’  Bulletins  475  and  623  contain  many  other 
schemes  that  might  be  of  interest  and  profit  to 
“Ice-bound"  if  lie  has  not  already  read  them.  They 
may  be  obtained  from  Editor  and  Chief  of  Bureau 
of  Publications,  Washington,  D.  C.,  for  the  asking. 
February  5,  101 0. 
In  handing  down  a  decision  affirming  the  judgment, 
all  five  of  the  judges  of  the  Appellate  Division  con¬ 
curred  in  an  opinion  from  which  the  following  is 
an  extract : 
Plaintiff  sought  to  prove  as  the  proper  measure  of 
damages  the  difference  between  the  value  of  his  farm 
as  it  was  at  the  time  he  discovered  that  the  trees  were 
not  Baldwin  apple  trees,  and  ihe  value  as  it  would  have 
been  bad  the  trees  boon  of  that  variety.  The  court  ex¬ 
cluded  the  evidence  on  the  objection  of  defendant’s 
counsel.  The  rule  for  measuring  plaintiff's  damages 
adopted  by  the  trial  court,  was  ihe  difference  between 
the  value  of  the  trees  at  the  commencement  of  the 
action  ns  they  were,  and  as  they  would  have  been  had 
they  been  Baldwin  apple  trees,  and  plaintiff  gave  evi¬ 
dence  ns  to  this  difference  in  value. 
We  think  the  measure  of  plaintiff’s  damages  is  the 
difference  between  the  value  of  the  farm  as  it  was,  and 
as  it  would  have  been  had  the  trees  been  Baldwin  ap¬ 
ple  trees,  and  plaintiff  should  have  been  allowed  to 
give  the  testimony  offered  on  that  theory,  hut  we  are 
also  of  the  opinion  that  the  rule  adopted  by  the  trial 
eoiirt  has  led  to  the  same  result,  inasmuch  its  the  wit¬ 
nesses  who  testified  to  the  value  of  the  trees  as  they 
were  and  as  they  would  have  been  if  Baldwin  apple 
trees,  placed  their  value  upon  the  trees  as  they  stood 
in  the  ground  for  use  as  an  orchard,  and  so,  iii  effect, 
gave  the  amount  which  the  trees  added  to  or  reduced 
the  value  of  the  farm. 
This  is  the  first  authoritative  ruling  upon  the 
correct  measure  of  damages  in  such  cases  laid  down 
by  the  New  York  State  courts. 
By  the  decision  of  the  Appellate  Division,  Mr. 
Taint  not  only  wins  the  case,  but  the  opinion  vin¬ 
dicates  bis  contention  front  the  beginning  as  to  what 
should  la*  the  correct  measure  of  damages. 
It  is  not  known  whether  Brown  Brothers  Com¬ 
pany  will  again  appeal,  this  time  to  the  Court  of 
Appeals.  Unless  that  is  done  and  unless  Ihe  Court 
of  Appeals  should  reverse,  this  case  settles  two  im¬ 
portant  matters  in  this  State  relative  to  misfit 
trees:  First,  that  nurserymen  may  be  held  account¬ 
able  for  their  blunders  and  mistakes:  and  second. 
that  in  the  event  of  trees  proving  untrue  to  name, 
the  buyer  may  receive  an  amount  in  damages  which 
will  fairly  compensate  him  for  the  loss  whi*h  he 
has  incurred. 
It  is,  of  course,  always  possible  for  the  nursery¬ 
man  to  free  himself  from  such  liability  by  the  pro¬ 
vision  in  a  contract  or  order  blank  expressly  limit¬ 
ing  his  liability.  Many  farmers  have  been  surprised 
to  find  that  they  have  agreed  to  some  such  provision 
without  realizing  it.  The  rule  that  one  should  never 
sign  a  paper  of  any  sort  without  reading  it.  care¬ 
fully  and  understanding^*,  applies  with  special 
force  to  signing  order  blanks  for  nursery  stock. 
deaux  where  it  would  kill  any  germs  which  might 
fall.  With  this  pressure  and  small  nozzle  openings 
about  1>0  gallons  of  Bordeaux  were  applied  per  acre 
at.  each  spraying.  This  checked  the  blight  The 
crop  lived  for  several  weeks  more,  and  then  died  in 
a  natural  manner:  that  is,  the  plants  died  in  suc¬ 
cession  instead  of  all  at  once  as  with  a  blight,  at¬ 
tack.  Many  plants  lived  till  the  frost  of  October 
11th.  T  had  no  unsprayed  rows  except,  one  short 
piece.  That  was  hardly  worth  digging.  In  other 
seasons  careful  cheek  experiments  have  shown  gains 
from  spraying  of  55  bushels  per  acre  in  15)05.  60  iu 
1906  and  1S2  in  1912.  The  gain  this  year  must  have 
been  nearly  200  bushels  per  acre.  As  T  have  sold 
none  at  less  than  90  cents  per  bushel,  the  profit  is 
plain.  The  cost  of  spray  material  for  10  acres  and 
use  of  machine  was  not  over  $80  in  all.  and  the 
labor  not  to  exceed  50  hours  for  team  and  SO  for  New  York  by  a  decision  of  the  Appel  I  a 
men.  of  the  Supreme  Court,  Fourth  Depaftn: 
THOROUGH  WORK. — The  greatest  lesson  from  affirms  the  judgment  for  $7<n>  obtained  1 
this  year’s  spraying  is  the  value  of  thoroughness. 
Four  neighbors  sprayed  from  three  to  seven  times 
with  less  thoroughness.  All  had  their  potato  tops 
die  iu  August  or  curly  September.  Their  yields 
varied  from  30  to  120  bushels  per  acre.  The  120- 
lmshel  crop  was  raised  by  a  man  who  sprayed 
seven  times  with  100  to  125  pounds  pressure,  using 
the  same  machine  as  mine.  These  low  yields  show 
how  severe  the  blight  was  here.  In  Monroe  County 
tests  on  28  farms  by  Farm  Bureau  Agent  Toan  gave 
110  bushels  per  acre  for  the  misprayed  rows  to  no 
for  those  sprayed,  or  55  per  cent,  gain  from  spray¬ 
ing.  In  Franklin  County  37  tests  by  Farm  Bureau 
Agent  Ross  gave  245  bushels  per  acre  on  the  un¬ 
sprayed  rows  to  317  where  sprayed,  a  gain  of  30 
per  cent.  In  my  section  thorough  spraying  resulted 
in  gains  of  several  hundred  per  cent.,  showing  how 
early  and  severe  was  the  attack.  daniel  dean. 
Tioga  Co.,  N.  Y. 
(To  he  continued.) 
Cross  Section  of  Cold  Storage.  Fig.  52 
A  Built-in  Refrigerator 
How  can  I  construct  a  refrigerator  in  an  ice-house 
with  ice  packed  all  around  it.  so  that  one  would  not 
have  to  move  any  ice  all  Summer,  or  possibly  once  dur¬ 
ing  the  Summer?  I  have  just  built  an  ice-house  ad¬ 
joining  m,v  kitchen.  Will  it  be  necessary  to  ventilate 
the  refrigerator,  and  will  it  be  necessary  to  have  a  hole 
through  the  sides  of  the  refrigerator  to  let  the  cold  air 
in  ?  ICE-BOUND. 
New  Hampshire. 
A  SIMPLE  and  effective  refrigerator  can  be  ar¬ 
ranged  by  building  a  room  of  suitable  size  into 
the  ice  chamber  somewhat  after  the  manner  sug¬ 
gested  by  “lee-bound. ’’  The  studding  and  overhead 
sleepers  of  this  room  should  he  strong  and  closely 
spaced,  as  they  will  have  to  carry  a  heavy  load,  ice 
being  packed  on  top  as  well  as  around  the  three  sides 
of  the  room.  A  solid  foundation  must  be  placed  for 
the  inside  walls  to  rest  on  for  the  same  reason.  The 
walls  are  hoarded  outside  and  in  with  matched  lum¬ 
ber.  Spruce  is  good  for  the  purpose  because  of  lit¬ 
tle  or  no  odor,  covered  outside  with  sheet  metal 
with  seams  soldered.  This  sheet  metal  covering  is 
used  to  prevent  dampness  in  the  cooling  room  caused 
by  leaking  from  the  melting  ice.  Unless  the  solid 
foundation  previously  mentioned  is  laid  the  walls 
will  settle  from  the  weight  of  the  ice,  causing  this 
metal  covering  to  wrinkle  and  bend,  and  perhaps 
open  some  of  the  seams,  allowing  water  to  trickle 
through.  On  one  side  near  the  bottom  is  cut  a  small 
opening  into  the  ice  chamber,  to  allow  the  entrance 
of  cold  air. 
The  entrance  side  of  the  cooling  room  should  be 
protected  by  an  ante-room,  instead  of  opening  direct¬ 
ly  into  the  open  air  as  suggested  by  “Ice-bound.  ’ 
The  protection  of  the  ante-room  permits  a  lower 
temperature  to  he  maintained  and  at  the  same  time 
conserves  the  ice  supply.  This  ante  room  can  he 
extended  along  the  side  to  a  chute  in  the  corner  of 
the  building  permitting  the  owner  to  get  at  the  ice 
without  opening  the  outside  doors  of  the  house.  If 
the  top  of  the  chute  is  kept  closed  by  a  trap  door 
very  little  warm  air  will  find  its  way  in  when  the 
lower  door  Is  opened. 
The  arrangement  described  and  shown  is  in  use 
here  I New  York  Stale  School  of  Agriculture,  Canton, 
N.  Y. )  and  gives  very  good  results.  As  used  here  the 
ice-house  lias  insulated  walls,  and  if  this  system 
were  used  in  a  building  in  which  the  ice  was  pre¬ 
served  by  a  covering  of  some  kind,  i.e.,  the  walls  of 
the  building  were  not  insulated  Imt  the  covering  ap¬ 
plied  to  the  ice  direct,  it  would  be  necessary  to  store 
sufficient  ice  to  keep  the  cooling  room  enclosed ; 
otherwise  a  considerable  amount  of  heat  would  find 
its  way  in  through  the  exposed  portions  of  the  side 
walls  and  the  ceiling. 
Unless  the  demand  on  the  cooler  is  great  I  would 
consider  a  smaller  icebox  or  refrigerator  separate 
from  the  storage  as  a  better  plan  for  kitchen  use. 
The  frequent  opening  of  the  cooling  room  where  no 
ante-room  is  used  will  prevent  a  low  temperature 
S.  Taint  against  Brown  Brothers  Company  for  dam¬ 
ages  resulting  from  apple  trees  proving  untrue  to 
name. 
•Mr.  Iamt,  who  is  the  proprietor  of  Cloverdale 
Farm,  at  Charlotte,  N.  Y\,  was  desirous  of  setting 
out  a  Baldwin  orchard  for  commercial  purposes. 
Brown  Brothers  Company  offered  to  sell  him  fine 
Baldwin  apple  trees  of  the  first  grade,  and  Mr.  I  amt 
purchased  his  trees  by  that  name  and  description. 
After  the  trees  had  been  set  out  several  years  it 
was  discovered  that  the  trees  were  not  of  the  Bald¬ 
win  variety,  hut  were  of  various  varieties.  Brown 
Brothers  Company  then  suggested  that  Mr.  Taint 
top-work  the  trees  with  Baldwin  stock,  which  Mr. 
T. unt  did.  but  the  trees  were  of  varieties  not  ndapt- 
The  “Protection”  in  Patents 
ON  page  86  you  speak  of  the  unfairness  of  the 
U.  S.  Government  in  refusing  to  protect  the 
person  who  comes  forward  with  some  new  variety 
of  fruit,  by  granting  some  form  of  patent  to  him. 
while  at  the  same  time  you  say  “A  man  may  fasten 
a  few  sticks  and  a  string  together  in  a  certain  way. 
obtain  a  patent  and  have  a  monopoly  for  manu¬ 
facturing  and  the  government  will  protect  him 
against  the  world."  Having  paid  good  money  to 
Uncle  Sam  at  different  times  in  my  life  for  sev¬ 
eral  U.  S.  patents  I  feel  that  The  R.  N.-Y.  does  not 
quite  state  fads  when  it  says  the  Government  "will 
protect  t lie  patents  against  the  world."  In  point 
of  fact  the  Government  will  do  no  such  thing;  it 
will  take  your  cash  and  in  course  of  time,  if  your 
device  is  found  original  and  patentable,  it  will  deliv¬ 
er  to  you  a  handsomely  printed  piece  of  paper  with 
stunning  seals  and  tied  with  blue  ribbon,  the  print¬ 
ing  stating  that  a  patent  has  been  granted  to  you 
for  such  and  such  a  device — said  patent  to  run  for 
17  years,  etc.,  etc. 
You  start  in  to  manufacture  and  sell  Ihe  patented 
article.  Some  other  human  being,  seeing  you  have 
something  that  looks  good,  decides  ho  will  make 
and  sell  the  same  thing.  Does  Uncle  Sam  protect 
you  against  the  infringer  of  your  “rights"?  Not  to 
the  value  of  a  farthing.  If  you  wish  to  defend  your 
rights  you  do  so  at  wholly  your  own  expense  in 
one  of  those  costly,  long-drawn-out  affairs  known  as 
a  patent  lawsuit,  and  if  your  purse  is  long  enough 
to  hire  smart  enough  lawyers  you  may  succeed  in 
winning  your  case,  and  will  then*ne  in  a  little  bet¬ 
ter  shape  to  light  the  next,  infringer  who  may  try 
to  take  a  fling  at  you.  but  you  get  no  help  from 
Uncle  Sam,  You  only  buy  a  chance  from  him  to 
start  a  lawsuit  with  somebody  else. 
Michigan.  .t.  b.  barlow. 
It.  N.-Y,-  What  we  had  in  mind  was  that  the  pat¬ 
ent  gave  the  holder  a  legal  chance  to  protect  him¬ 
self  against  infringements,  lie  can  at  least  fight 
in  court  for  his  rights.  The  introducer  or  origin¬ 
ator  of  a  new  fruit  has  no  such  right,  and  not  even 
a  legal  chance  to  fight  li is  case  with  hope  of  suc¬ 
cess.  Ir,  is  a  great  injustice,  but  until  the  public 
will  voluntarily  agree  to  protect  the  introducer  by 
recognizing  his  moral  right  we  can  see  little  help 
for  him. 
/ C£  \5TO/fAGL  frtsu/ofcJ 
t/oor 
nsv/afecL  wa//a 
FLO  Off  FLAN  ' 
Floor  Plan  of  Ice-house  and  Refrigerator 
od  to  budding,  and  the  wood  was  so  hard  that  the 
buds  failed  to  develop  properly.  Mr.  hunt  then  con¬ 
cluded  that  Ihe  trees  were  worthless  and  brought 
suit  for  damages.  The  jury  estimated  the  damages 
at  $700  and  rendered  a  verdict  for  that  amount. 
The  most  important  point  in  the  ease  was  the  cor¬ 
rect  measure  of  damages.  It  was  contended  on  the 
trial  by  George  S.  Van  Schaick,  counsel  for  Mr. 
hunt,  that  the  proper  measure  of  damages  in  such 
eases,  is  the  difference  iu  value  between  what  the 
land  would  have  been  worth  had  the  trees  proved 
I  rue  to  name,  and  what  the  land  actually  was  worth 
with  tin*  trees  as  t hey*  proved  to  he.  It.  was  eon- 
t ended  by  counsel  for  Brown  Brothers  Company 
that  the  only  measure  of  damages  was  the  pur¬ 
chase  price  of  the  trees.  Judge  Benton,  who  pre¬ 
sided  at  the  trial,  adopted  a  rule  which,  in  effect, 
gave  the  same  result  as  the  one  requested  by  Mr. 
Van  Schaick  and  allowed  as  a  measure  of  damages 
the  difference  between  the  value  of  the  trees  them¬ 
selves  as  they  were  and  as  they  ought  to  have  been. 
Brown  Brothers  immediately  appealed  the  case. 
