The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-02
Value of one kiss.


An Alabama court has decided that
$3.50 is ample compensation for one
hasty, short kiss, though the aggrieved
party placed the damages much higher.
This startling judicial decision was
handed down by the circuit court of
the state, sitting last week at Jackson
vile, Ala. There is nothing more
prosaic or stupid on the surface in the
world than legal proceedings, and the
papers in the. case, labeled 'Kendrick
VS.. the Atlanta & West Point Railroad
company, for $1,000 damages" gave no
clew to the interesting story which was
developed when the evidence was given.
According to the story of the fair
plaintiff Miss Lizzie Kendrick, pretty
daughter of a Calhoun county planter,
she was journeying one day on the
, railway of the defendant company from
Admission, Ala, to Rome. Ga. The con-
ductor was a good-looking, debonnaire
chap. with an inclination toward flirt-
alton if the girl was pretty, and with
lots of experience.
He was so good to me, and did
everything that he could to make the
trip pleasant, that l couldn't help
thanking him, and from that we got
20 talking about other things" was
Miss Lizzie's explanation of how it
came about that before the train had
gone half way to the journeys end she
and the gay conductor were chatting
away as gayly as you please. The con-
ductor employed the avenues of adroit
fiattery to win her girlish condolences
and she-well, she frankly confessed to
the court that she liked him at the
time.
At this point in her testimony the
girls pretty face became suffused with
bushes. She halted and hesitated, for
no apparent cause. 1T was this way
you know-you- see, we had been talk
ing about different things. and the first
thing ! knew the train became dark
and, OH Judge, must I tell it?' she
stammered, while the blood went and
came again into her cheeks, so that she
was alternately as white as a lily and
red as q peony.
Yes, my child, don't be afraid" said
the judge, kindly while not a ghost Of
a smile played around the judicial
mouth.
We'll. judge. if I've got to. 1t was a
tunnel, and it was awful lone. And
when the train was dark he-that hor-
rid man-put his arms around me and
Kissed me. Therei" In the north the
court and the attendants would have
smiled audibly. But they don't do such
things that way in the south. and it is
a more serious undertaking to take an
unwilling kiss. The chivalrous old
planters in the room had a stern look
on their faces. and the muttered COM
ment was conclusive that it was for
tunate for the conductor that he was
miles away
That ended the evidence for the pros
ecution. except the supplementary fact
that other people in the car had been
able to see the kissing in the dim light
afforded by the solitary lamp
The attorneys for the road made no
attempt to prove that the circum-
stances surrounding the kiss We're other
than those described b. the plaintiff.
They knew that any attempt to do that
would instantly prejudice their case in
the minds of the jury and result in
their being mulcted out of the entire
amount claimed. So with suavity and
CheSterfieldian diplomacy the counsel
for the company contended that such
a high valuation ought not to be placed
on one kiss. He pointed out that the
railroad was very sorry that one of
their conductors should he so ungal-
liant, and the jury was told how he was
discharged the moment news of the
occurrence reached the officials. Their
plea was that they were very sorry.
and that they hoped the jury would
not assess them the full amount
claimed. as they did not, and could
not. control the mans actions in such
matters, although he was their en-
ployee.
The jury deliberated for over an hour
and reported verdict of $3.50.