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was able to see the defendant or to be up
and around the house a
portion of each day.
Even then she was in a
very frail and weak
condition. Later that
same Fall she had a.
relapse in the nature of
nervous prostration.
The defendant visited
her five or six times
during the following
winter. During the
summer of 1906 she
was absent endeavoring
to regain her health.
Schnebly saw her in the
fall of that year but
she was still an invalid.
In the spring of 1907
she was apparently in
better health, so the
man urged an immediate marriage. She demurred to the plan and
asked him to wait until
fall. In the fall of
1907, however, there
was a further postponement until March. The
woman's health was
then so poor that marriage was out of the
question. In the following
June, Ida Travis told
her lover quite frankly
that her health was
such that she would release him from the engagement. He declared
that he would prefer to
wait until fall. In September, 1908, the faithful Schnebly again
urged marriage but was put off. In February, 1909, he again offered himself but the girl said he must wait until fall. Whereupon Schnebly told her that he had waited for her nearly four and a half years and could wait no longer. He informed her that so far as he was concerned the engagement was at an end.
Schnebly later married another woman. This action for breach of promise was brought. The court held that under the circumstances Schnebly was not liable for damages, i
The case was Travis v. Schnebly, 68 Wash. 1, 122 Pac. 316.
Throughout the ages the demon of ill health has intruded its horny head to wreck the happy plans of the little god of love.
No chance for breach of promise in the romance of this happy pair. Wayne
King and his bride, the former Miss Dorothy Janis of Ft. Worth, vow that
their love shall last forever, forever and forever.
Contagious Disease
NO more serious calamity can befall an engaged couple than for the woman to develop a dreaded and deadly disease like tuberculosis. Not only is there the inevitable wasting away of the woman but the danger to the health of the man is very great. While many men
bravely undertake matrimony in such cases, in the hope that marital happiness may assist in effecting a cure, yet there is no legal compulsion in the matter. The unfortunate stroke of fate will operate to absolve the man from legal liability.
James Zook was a young man whose father and mother each had died of tuberculosis. Realizing his own heredity in the matter Zook had taken particular care of his lungs through breathing exercises. He became attracted to a young lady named Rowena Grover. She was pale and delicate and had a persistent cough. There was a controversy as to when the engagement took place. Zook claimed that the marriage promise was given on the evening of January 6, 1904. He set forth as proof the fact that on that evening Rowena took a ring from her finger and gave it to him, in order that he might have the engagement ring made of that exact size. Every lady, young or old, will, no doubt, agree with James Zook's contention that the engagement occurred then and there. Even if it were a leap year proposal by Rowena herself, the conclusion would be the same. For reasons that will presently appear Rowena's lawyer argued that the engagement did not actually occur until January 10th when Zook returned with the engagement ring. The reason for his contention was that he was seeking to prove that Zook became engaged with full knowledge that Rowena had pulmonary consumption. The facts were that between the 6th and the 10th day of January Rowena had been examined by a physician who had pronounced her a consumptive and had ordered her to go to Arizona for her health.
It was alleged that when James Zook arrived hopefully at the portals of the ' (Continued on page 48)