Farnan v. Childs
Illinois Supreme Court
Weit op Error to the Circuit Court of Randolph county; the Hon. Silas L. Bryan, Judge, presiding. This was an action on the case, by Charles J. Childs against James Earn an, for slander. The defendant pleaded the general issue, and several pleas justifying the speaking of the words charged in the several counts of the declaration. A trial was had, resulting in a verdict and judgment in favor of- the plaintiff for $475. The defendant appealed.
1Opinion of the CourtJustice Scott
The only error deemed material to be considered, is, that which arises on the instructions given for plaintiff in the court below.
The fourth and eighth instructions assume that defendant was guilty of speaking the words alleged in the declaration.
In this respect they are objectionable. Dunham v. Goodwin, 54 Ill. 469.
The fourth instruction, in which the jury were told they might “ consider the reiteration of the slander at different times and to different persons, in estimating and fixing the damages,” should have been qualified, by telling them if they believed, from the evidence, the…
2Cases cited2 opinions
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Durham v. GoodwinIllinois Supreme Court · 1870
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