Quigley v. McKee
Oregon Supreme Court
Multnomah County. Plaintiff appeals. Slander for an alleged false and malicious utterance and publication concerning appellant of the words “she is a thief.” The words were alleged in the complaint to have been spoken on the 5th day of July, 1883, and the court refused to permit evidence to be given that they were spoken at any time other than as alleged. This is alleged as error.
1Opinion of the CourtWaldo, C. J.
This is an action of slander, for calling the plaintiff a thief. The obvious import, of this language was to impute to the plaintiff the felonious taking of property, or larceny (Dunnell v. Fiske, 11 Met. 554), and the words are actionable though the defendant meant but to impute petit larceny; for “ to accuse one of petit larceny will bear action, and. for that the offender shall be whipped.” (Whitacre v. Hillidell, Aleyn, 11.) This is still good law, though the offender be no longer whipped. The material element which lies at the foundation of the action of slander is social disgrace, or…
2Cases cited3 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Buckley v. O'NielMassachusetts Supreme Judicial Court · 1873
- Potter v. ThompsonNew York Supreme Court · 1856
3Cited by7 opinions
- Barnett v. PhelpsOregon Supreme Court · 1920
- L & D of Oregon, Inc. v. American States InsuranceCourt of Appeals of Oregon · 2000
- Amick v. MontrossSupreme Court of Iowa · 1928
- Hubbard v. ScottOregon Supreme Court · 1917
- Johnson v. Jennings Logging Co.Oregon Supreme Court · 1914
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