The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-08
MUST PAY THE SALARY HE LOST.
Prof. Cain Wins His suit Against the
Western Union.


In the city court yesterday the case Of VI.
p. Cain against The Western Union Tele-
graph Company. the jury brought in a YER
dict, after having been out only few
minutes. for $3.50 for the plaintiff. The
damages claimed were 500.
The case Is an interesting one in some
respects, and doubtless it will be carried
up By the Western Union Company, as
there are several interesting law points
10 be passed upon by the higher courts
upon the question Of responsibility.
FROM the papers iu the case, the follow
ing statement is made Ia the summer Of
1894 Prof. Cain was in correspondence with
the authorities Of Walnut Grove Acad-
envy, at Walnut Grove, Ca. in regard 10
the position Of principal Of the school. He
had made proposition 10 them. and ac-
cording 10 his statement ne received a
letter from J. c. Murphree, secretary Of
the school, about the last OF August. say
ing that his proposition had been accepted,
ana that he hal been elected principal
provided he could come at once, the school
term beginning sept. 3.
Prof Cain filed message with the
western Union agent at DavisbOro' ad-
dressed to Mr.. Murphree, accepting and
saying he would be- on hand and asking for
reply No answer was received. though,
Inquiries at the Western Union office; but
some time afterwards ne received word
that the operator ar DaVisbOro had dis
covered that the company had no sta
ton at Walnut Grove. and that his mes
sage had not been delivered, and that his
60 cents, the amount paid for the message
was at that Office subject to his order. 1t
was then too late, as the position had
been filled The principalship paid 800 per
month, according TO one part of the testi-
mony, and only so per month according
TO another. The professor was out of a
position for four months and sued the
Western Union Company for S400 and inter
est and expenses.
The telegraph company alleged in its
answer that as soon as the operator dis
covered that the station at Walnut Grove
was not a Western Union affice, which he
did Sept he notified Prof Cain OF the
fact through a negro man, whom they
claim that the professor had sent to
the station for information to his mes
sage, and that, furthermore, the day fol-
lowing the agent again notified him Of
that fact, and that the 63 cents paid for
the message was at the Office subject to
his order. The company claimed that It
exercised due diligence, and that the non
delivery Of the message was not due to
its fault. It also claimed that the academy
was not on a solvent basis and that If
would have been doubtful if he would have
received the money promised. The ques-
t1on as to the precise language of the let
ter written by Secretary Murphree of the
academy was also discussed. the telegraph
company claiming that it simply inquired
if Prof. Cain would take such ana such
a position, while the plaintiff claimed that
the letter was bona fide offer of the DO
stiOn. The original letter was lost and
the testimony regarding 1t was somewhat
varying.
Mr.. Cain of Cain & Kennedy appeared
for the plaintiff and made the arguments
while Mr.. w. l.. Clay representing Err
win, duBignon q Chisholm, represented
the telegraph company. The case was
closely contested, and the attorneys
raised several novel law points on each
side
The judges charge was very full, and
the testimony was gone over carefully
and the points clearly stated to the jury.
The jury went out at Gas and, after an
absence of fifteen minutes, returned a
verdict allowing the plaintiff $40 damages.