The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-09-06
Mill LOST SUIT
IN RHODES CASE
VERDICT FOR $1,000 HAS BEEN
AFFIRMED.
Operatives Who Take Part in Basebal,
Game InvolTed-DecisiOn of Much
Interest.
The State.


legged "black-list" and a verdict of ST.
GOO given by the Richland county court
as result of the suit instituted was
affirmed yesterday by the supreme
court in a decision given by Associate
Justice Gary. The case was that OF
Olin NJ Rhodes against the CRANKY
mills of this city. The case is con-
sidered very important one on &C.
count of it's relation to capital and
labor. Judge Memminger heard the
case in the Richland county court
The contention of Rhodes was that
he was unable to secure employment
following a strike at CRANKY mills, as
the result of BLACKLIST" alleged to
have been sent out to other mills by
the CRANKY mill officials. The dis
charge was made because Rhodes and
others insisted on taking part il. a
baseball game in the mill village.
The Richland county jury by its
verdict gave Olin NJ. Rhodes the sum
of $4,000 in actual damages and S8,-
900 punitive damages. The punitive
damages of $4,000 was reduced by
Judge Memminger to $4,000. The ver-
dict for Rhodes was $1,000.
action for Damages.
"This is an action for damages" I"
says Associate Justice Gary in his
opinion, "a1leged to have been sus-
tanned by the plaintiff, as result of
a conspiracy between the defendant
and other like corporations, whereby
q number of such mills, refused to give
employment to the plaintiff after be-
ing notified by the defendant that it
had blacklisted him"
= Associate Justice Woods, writing
separate opinion in which he concurs
in the general result with Associate
Justice Rydrick, states that the main
question involved in the trial of the
case was whether the CRANKY mill Of
fcers had willfully perverted a lawful
combination between itself and other
mills so as to infict injury on Olin M.
Rhodes. The position is taken by
Justice Woods that it was not neces-
sary that the evidence show that the
defendant had formed with other mills
a. conspiracy. He continues by stat
ing that the action of Rhodes did not
fail because there was no evidence OF
such conspiracy between two or more
of the mills, 3*for one of the parties to
a legitimate combination or agreement
gives cause of action by using mali
ciously such a combination as means
of injuring another person" 1t is
pointed out that this principle is now
generally recognized by the courts of
the country.
Number Of Exceptions.
There were a number of exceptions
in the case which were of a technical
nature. A number of authorities are
cited by the justices IN substantiatlon
of the rulings. Much Of the opinion
by Associate Justice Gary is taken up
with testimony which brings out the
points involved very clearly.
Associate Justice Gary in conclud-
Ing his opinion holds that there was
testimony given to show conspiracy
The following reasons are given as
to why the punitive damages were cor
rect:
81. The conspiracy alleged in the
complaint imports an Intentional
wrong and for such wrong punitive
damages are recoverable:
"2. The refusal of the defendant to
withdraw the name of the plaintiff
from the blacklist after becoming
aware Of the fact that he was not a
striker and that he could not get en-
ployment at the other mills While his
name remained on the blacklist
tended to prove malice"
Among the concluding remarks are
to be found the following:
Even though it be conceded that
the direct testimony only tended to
prove that the defendant and other
mills sustained toward each other {
relation dominated by courtesy or un-
derstanding, but that it did not tend to
show an agreement, still it does fol-
low, that there was error in refusing
a nonsuit or direct verdict or or
der new trial.
The ETidence Shown.
eff the circumstantial evidence
tended to show that the relation which
the mills sustained toward each other
was so intended and did have the di-
rect effect of preventing those who