Whitaker v. Cannon Mills Co.

The original plaintiff died before this case was finally disposed of in the trial court, and the present plaintiffs, executors of the estate, were substituted. We shall use the word “plaintiff” to refer to the original plaintiff. He was a tobacco grower and bought of the defendant, a manufacturer of cotton goods, cloth known as tobacco cloth, used in growing shade-grown tobacco. The cloth was torn apart by a hailstorm while in use as a “tent” over the plaintiff’s tobacco crop. The plaintiff brought this action to the Superior Court in Hartford County for breach of warranty and negligence,…