The Union times. [volume] (Union, S.C.) 1894-1918, 1902-06-20
The Western Union Case.

NThe Western Union case was one OF
the most Interesting on this dcci ct end
the verdict caused surprise II is IT,.
one IN which Arthur Marsh sued he
western Union Company tor the fallun.
70 deliver to him telesram flom hi.
mother In Gaffney announcing .he
death of his father. on Sunday. F.brn.
ary Oath, 1901. Marsh claims that the
failure to deliver the telegram in time
to allow him to catch the train for
Spartanburg caused him to hire horse
and ride 20 miles through the cold
weather to Elbethel church in Union
county from which he suffered mental
anguish. cold and grip tn the damage of
$l 800 and asked that he he allowed this
small remuneration for the above m-t
TONED mental anguish, grip. etc
The case WIS ui-d ri the last term of
court and mistrial was ..rd,,ed as III
Jmy could not agree. This jury, how
ever, gave Mr.. Marsh verdict uf S5Ou
worth of consolation
Here is about the substance Of ill.,,
matter in brief as it came tut at The
trial. The telegram reached IJ,i,n
about o'clock Sunday morning all
dressed to arthur Marsh =" Th. me-.
seBger could not find any ore l., 'r:i
Same and 70 reported To ,lr, .,~na,. r
who wired for a b tier address Asall
small offices are closed Sunday at 10
O'Clock the batter address, was not
furnished until the opening hour il the
afternoon. In the meantime til, mas.
senger was instructed to try on Factory
Hill, which he did, aud also again in ;l-
afternoon after the "better address, Was
furnished, care Union Cotton Mills :,
Ihe messenger, as. was his Gust ON, ap-
piled to the bosses of every floor of tie
mill as TO whether such Il man worked
in the mill. Every one of the m told
him that they knew 10 such man. The
time keeper also stated that She klew
no one in the mill of the name of Arthur
Marsh. This being the case the telegrcm
was not delivered after Two or three
efforts Sunday. The operator
Monday again sent the messenger over
to the mill to try again. So much in
quiring for the man Marsh finally caused
one of the hands to remark: "Perhals
it was for Norris" and the foreman of
the room and the messenger weut TO
find him and he said the meseage was for
him. This was about 8 o'c' 'ock Murray
morning, and he left horse back for Ell.
bethel wbe' che arrive i bforr the corI's-
and he was ;'ll,Ned to see HI father
before IL terment
1t seems that Arthur Marsh had been
known by those with whom he game in
contact with as Arthur Morris and not
Arthur Marsh His naulp appeared on
his foreman's book as Morris, also ON
the Office books aud pay ioll as Arthur
Morris, He had several times drawn his
pay as Arthur Morris and had made no
effort to correct it,
How a jury can hold the Western
Union Company responsible for the non.
delivery of a message addressed to man
who Is known by some other name than
the one on the telegram is something
beyond our comprehension, and looks
nightly like giving corporation sor-
dolliger just because the chance offered.
| We are no friend to trusts or combines,
as the term is generally applied, but We
do believe in falr play. We believe
Marsh was about as much entitled to q
verdict in this instance as Bill Jones
would be il message intended for him
was undelivered because he was living
under the name of John Smith. We, as
we'll as the jury, feel the greatest SYM
lpathy for Mr.. Marsh in the loss Of his
father and for all that he suffered by ex-
posure to the cold in his ride, but we
cannot, after hearing all the evidence,
see to saye rs where anyone except him
self is to blame for the non-delivery of
the message. He should have corrected
the error ~ soon as he received his first
pay check In the name Of Arthur Morris
| The attorneys for the plaintiff laid
fgreat stress upon the fact that the jury
now had had q chance to pound the rioh
corporation for onos and urged them
mot to let the opportunity slip, aud they
didn't.
I Messrs. Stanyarne Wilson and V. E..
DePass are certainly to be congratulated
!. IupOn winning q verdict in this case.