This
was a civil action for damages, brought by the plaintiff
against the defendants for a failure to deliver a certain
telegraph, tried before BYNUM, J., and a jury at the April
term, 1889, of Caswell superior court, upon the issues set
out in the record: "(1) Did the defendant corporation
contract to forward immediately, and promptly deliver, the
telegraphic message described in the complaint? Answer. Yes.
(2) Did the defendant negligently and carelessly fail to
forward and deliver said message? A. Yes. (3) Was the
negligence of the defendant company the direct and proximate
cause of the damage and injuries complained of by the
plaintiffs? A. Yes. (4) What damage have the plaintiffs
sustained by the failure to forward and deliver the message
as agreed? A. Three thousand dollars." Alley Thompson, a
witness for plaintiffs, testified: "I live in Danville.
Son of plaintiffs. Am 13 years old. On 1st day of February
1888, I delivered a telegram to Kinney, at office of Western
Union Telegraph Company in Danville, between 10 and 11
o'clock in the morning. He is the agent of the company at
Danville. The dispatch was 6 words, 'Father, come at
once; mother sick.' Signed, 'ALLEY THOMPSON.' I
gave the words to the agent. He took them down. He was
writing when I came in. Told me to wait a minute. I told him
it was important. He said he would send it right away. I paid
him 25 cents." Upon his cross-examination says he and
his mother have been living in Danville eight years. His
father never had a house in Milton, but he lived and worked
there. That Kinney did not tell him he would send the message
as soon as he could get it through. There was some trouble
with the wires. That Kinney told him it was 10 o'clock
when he gave him the message to send. That his mother was
then sick in bed. Had sent for several doctors, and they were
not at home. That Dr. Martin was at the house that afternoon
about 3:30 or 4 o'clock. That Drs. Day and Robertson were
at house in the evening. Says his brother went for one doctor
and his aunt sent him for Dr. Harvie, and to the telegraph
office. That he don't remember what time his mother was
taken sick. She was in bed when he went for Dr. Harvie, and
to the telegraph office with the dispatch. That his father
was at home the Monday before this, but at this time was in
Milton. Don't remember whether his mother was sick the
day before or not. That there was another man in the office
with Kinney when he gave him the dispatch. Upon his redirect
examination, says: "I think my father had been at work
in Milton 13 or 14 months."
Albert
Perkinson, a witness for plaintiffs, testified: "I am 11
years old. Lived in Danville all my life. Went to the
telegraph office with Alley Thompson February 1st, 1888.
Kinney was receiving a message. Alley told him he wanted to
send a message to Milton. Kinney told him to wait a minute
then came to Alley. Alley told him the message, and asked him
when he would send it. Kinney said 'right off.' Alley
gave him 25 cents. There was nothing more said, and we left.
Kinney said it was between 10 and 11 o'clock." Upon
his cross-examination says he has known Thompson about 8
years, has lived in same neighborhood, and has moved away
from there.
T. J
Thompson, introduced as a witness in his own behalf, says
"I think I left Danville Monday before I got the
message. I received this message: 'To T. J. Thompson,
Milton, N. C.: Come at once, mother is sick. ALLEY THOMPSON,
'--2d day of February, between 1 and 2 o'clock. In
consequence of the message, I left Milton about 6 o'clock
by rail. Got home at 8:30, found my wife in bed very sick,
child in bad condition, and everything in house in terrible
disorder. Found a colored woman there. My wife seemed to be
in extreme agony. As soon as she saw me began crying. She has
been sick off and on ever since her confinement. Was sick in
bed four weeks then, and since then from six days to ten
weeks at a time. She was healthy before that time. She has
had 13 children. The child died 5 or 6 days afterwards. From
appearances, it bled to death from navel cord. Never had a
child to die same way before. I had purchased a house and lot
near Milton. After I got papers fixed up I could not comply
with the contract, and gave it up. I made Milton my home; had
my washing done there. Am a watchmaker. Went to Milton in
October or November before this, and am still there."
Upon his cross-examination says he was in Danville on Monday,
before his wife was sick, on Wednesday. That he concluded to
buy, and become a citizen of Caswell county, N. C., in
December, 1887, and has been there ever since. His wife has
never been there. That he does not recollect that he took an
oath in May, 1888, that he was a citizen and resident of
Danville. That he voted in Danville in the spring of 1888 and
in the fall of 1888. "I wrote letter shown me, published
in Danville Register of September 20, 1888. I am the man
employed to keep the Danville clock referred to in the
letter." This is the letter referred to: "Mr.
Editor: I see by your paper of the 18th an error I would like
you to correct, as I know you do not wish to do mean
injustice. The man that is employed to keep the Danville town
clock regulated lives in Danville, on Gray street, and he
also repaired the clock on Monday, 17th instant. Some boys
had broke open the door of the clock, broke one of the panes
of glass, and had been fooling with the regulator of said
clock. I hope the police may get hold of those mean boys, and
give them a scare. There is a door to the roof of the
court-house I kept locked before the fire alarm was placed up
there, but the fire department will not keep it locked.
Yours, respectfully, T. J. THOMPSON." That he has made
post mortem examinations of some of his children, to see what
they died from. Did not examine this one. Did not tell Dr.
Martin it died like the others had. Upon his redirect
examination plaintiffs' counsel proposed to ask witness
if he had been with his wife in her previous confinements.
(Defendants' counsel objected. Objection overruled, and
exceptions.) Witness answers: "I was present with my
wife on nearly every occasion, when she had been delivered.
Had a doctor every time but once, when it was over before the
doctor got there. I delivered her myself. I had hired a
carriage in Milton, to start immediately on receiving
dispatch. Did not write, because I heard that it was over.
Saw no use in going when train would carry me two hours
later."
Mary E.
Thompson, introduced as a witness in her own behalf,
testifies: "I am wife of T. J. Thompson. At time I sent
telegram was complaining right smart, expecting confinement.
Ordered telegram sent about 10 o'clock. Sent it so my
husband would come home quick. Had a difficult labor. Was in
labor from eight o'clock till 12 o'clock at night.
Had 12 children before this." Counsel proposes to ask
this question of witness: "State what effect the failure
of your husband to arrive had upon you."
(Defendant's counsel objects. Objections overruled, and
exceptions.) Witness answers: "I was worried, and it
caused me to be a great deal worse than I would have been. If
he had been there, I would have been contented, and would not
have had such long suffering. I was taken about 8
o'clock. About 10 o'clock the pains came on me. I
sent the dispatch, and felt easier. Thought he would get
there in two hours and a half. He didn't come; then I got
uneasy and worried; it hurt me more than anything else. I
then sent for doctors. Could not get any. Dr. Day came about
dark. I was by myself all day, my sister-in-law there
occasionally. I had a little child a year and a half old,
which needed attention during the day, and I had to attend to
it, and did attend to it, and lifted it up and put it down
several times. After the train came, and Thompson did not
come, I gave up. Was suffering anything but death. Asked the
doctor what made the child so long coming. He said it got
hung somehow. Child was born about 12 o'clock at night.
From the anxiety and suffering, and Thompson's absence, I
have suffered from that day to this. If he had been there it
would not have been so. I did not have proper attention; have
suffered in lower part of my bowels and back ever
since." Upon her cross-examination witness says:
"Have been married 22 years. Gave birth to 13 children
in 21 years. Did not go to bed till after sent my little boy
with dispatch. My sister-in-law lives in 50 yards. Was in my
room twice. Mrs. Watkins was there after doctor came. Sent
for doctor soon as my son came back from carrying dispatch.
Had no negro woman till after doctor came; had arranged to
have one, but she did not come. Thought my husband would get
there about halfpast eight. My anxiety about his absence was
after this. Pains got more severe, and shorter intervals
between, near birth of child. Dr. Day said he had to turn the
child. He said if Thompson had been there I would not have
suffered so, because would not have had the anxiety. He told
me child was hung, and could not be born till it was
reversed. Day got there about 5 o'clock; child born about
12."
Eliza
Harris, witness for plaintiffs, testified: "I was with
Mrs. Thompson when confined, and about seven o'clock Dr.
Day was there. Said he wondered why Thompson was not there.
Said if Thompson had been there none of the occasion would
have happened. I have been with several women in labor. Mrs.
Thompson suffered more than any one I ever saw."
The
defendant introduced as a witness T. P. Kinne, who testified
"I am manager of the Western Union Telegraph Company in
Danville. On the afternoon of February 1st, 1888, a boy came
in; said he wanted to send a telegram. I wrote...
