Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-11-10
wins $4,000 VERDICT
FOR BREACH OF PROMISE
Circuit Court OF Appeals Aflirms
Finding OF jury ut Mar
tinsburg.
ENGAGED SEVENTEEN YEARS
William v. Thrush, of Burlington, w.
Va, Must Pay for Injury 10 Feel
ings OF Miss Iva Lea FuiIhart.
Has Been Tried Twice.


Y. Thrush. of Burlington. w. VA.
should pay Miss Iva Lea Fullhtrt the
sum Of $4,000. affirming the verdict
brought In by the jury OF the District
Court at Martinsburg, w. Va.
y. once before the extended love affair
OF Mr.. Thrush and Miss Fullhart had
been aired before the appellate tribunal
with the result that ii was gent back
10 the lower court for rehearng.
Yesterday the Court Of Appeals took
final action In the case. finding that,
according to the law and evidence The
Jury OF the trial court had awarded
Miss Fullhart a just recompensc sor
the loss and hcart-achcs incident TO a
shattered romance.
The suit for breach of promise OF
matrmony Instituted against
Thrush IN Juno. 1912. and came TO triui
In September OF the same year, result
ing In the award to Miss Fullhart of
$4,000 damages. Appealing from tho
verdict of the jury contrary TO the
law and the evidence, Thrush carried
the case to the Circuit Court Of APP
leals, which remandcd 1t for retriai.
SECOND TRIAL RESULTS
IN VERDICT For $1,000
The second trial Of the suit resulted
in an award of $4,000. and Thrush again
took issue with the jury as TO the
Justice Of the verdict. An excessive
award was alleged. the statute Of lin
itat!ons WAS invoked. il being claimed
that Miss Fullhart failed To bring ac-
ton Within one year OF the time she
became agEfievcd. as provided under
the laws OF West Virginia. and Il was
alleged further that the plaintiff had
not proven that she did agree To a
breaking OF the engagement In 1907.
These were the principal questions for
the appellate court to decide and. ac-
cording TO the opinion voiced by Judge
Pritchard, its views conceded with
those Of the lower tribunal.
The pretty romance. begun twenty
one years ago and shattered i'm the
latter part of 1911. when Thrush took
Miss Mary l.. whip as his bride. had
its beginning when the two were
youthful students ~ oherlin UnIyor-
sity. Westerv!lle, O. Travelling together
the arduous road To know. ,cduc, tn.
pretty Miss Fulihart AND the iinpuistvo
young West Nirg!n!an were strongly
attracted to each other. and plipht"d
their troth, their plans for an inscp-
arabic relation In the future 10 be
consuininatcd when Thrush should
have started out III life and acquired
a competency.
GAVE TlIUJsii HER WATCH
TO KEEP UNTIL. WEDDING DAY
- seal 10 their engagement. ;hc
Young woman gave Thrush her watch
wish ,hc understanding that il should
he returned 10 her on their Wedding
day This watct--thc reminder Of thriI
plighted troth-Thrush kept for se,em-
teen years. sending IL lack 10 III.
owner by registered mail in October.
1911, Just before his marriage TO Miss
Whip
The p!ainti1. in his defense 10 tha
suit claimed that he called Off the
enlightenment between himself and Miss
Frlihart hy letter III 1901 and shc ac-
cept"d tho situation without protest.
Gully asking that the friendly relations
between them be allowed u exist nni
n lar COW al.
Yet the watch--thc seal Of the eigal.-
mcnt. retuinab!e when they should
have become man and wifc--vas kept
several months after he had become
engaged TO another woman.
Following the college days when the
two had separated for a while the man
TO seek his fortune on his fathers
farm. and tie woman 10 wait for the
wedding day and the watch. numerous
letters containing declaration OF love
ana some references to MARRIAGE"
passed lct"ccu the two. There was
also mutual exchange OF gifts Thrush
writing as late as 1893 thanking Miss
Fullhart for y hook sent rs Il Christmas
present, ana expressing regret ut his
inability TO see her during the Christ
mas holidays as he had told her he
would.
PROTESTED his LOVE AFTER
BREAKING OF ENGAGEMENT
In May, 1900. two years after the al
legged breathing OF the engagement
Thrush mailed his fancee n very M
fectionnte postcard. a wreath of for
get-mc-nots was stamped upon the
precious message, end inside the wreath
were inscribed the words "ro nv sweet
love" Various other protestations OF
affection came from the youthful love,
rs he harvested hay on his fathers
farm back In the West Virginia valley
A satisfactory elimination TO the
romance was threatened about this
time Thrush began TO write about Ger
tain objections raised by his father, and
his letters took decidedly dis
consulate tone. Fearing what later did
happen Miss Thrush, assuming shakes
pearian severity Of diction wrote, 81
want to know whether I am TO be or
not 10 be" But the troubled waters
were soothed when Thrush replied that
he Intended her TO be-" indicating that
their marriage would follow the ac
Iuiren,ent of a competency
In April, 1910. the elder Thrush,
latner to the engaged man and a
wealthy farmer, died. leaving his son
goodly Inheritance. the competency to
winch he had aspired all these years
lie was also made one of the admins
traitors of the estate.
THRUSH MAHRIES MISS
WHIP AFTER BRIEF ENGAGEMENT
And then 1t was that Thrush's heart
hesan to flutter in another direction.
me sweet romance OF the youthful
colieSe pair--all those protcstations Of
affection and undying love-was for
gotten. and he began to nav attention
TO MISS Whip. Their marriage follow
cd In December, 1911, after an engage
mcnt or about three months. Miss Full
harts suit for damages was Instituted
the following June
Commenting on the complain of tho
defendant that the damages awarded
by the District Court were excessive.
assuming even that Miss Fullhart had
proven her case, the court said: "rhe
evidence shows that the plaintiff. n
young woman Of many ACCOMPLISH
ments and good character. was Undue
ed by tho promises and representations
OF tho defendant to believe that he
would marry her. and, noting in accor-
dance Herewith, she practically gave