Barnett v. Phelps
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. Department 1. Ida Barnett, an unmarried woman, sued Florence Phelps for damages, alleging that on one occasion in the presence of Mrs. Harry Mitchell the defendant spoke of the plaintiff as a “whore,” and that on another occasion, and in the presence of George H. Benson, the defendant characterized the plaintiff as a “prostitute.”
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From Tillamook: George E. Bagley, Judge. Department 1. Ida Barnett, an unmarried woman, sued Florence Phelps for damages, alleging that on one occasion in the presence of Mrs. Harry Mitchell the defendant spoke of the plaintiff as a “whore,” and that on another occasion, and in the presence of George H. Benson, the defendant characterized the plaintiff as a “prostitute.” The evidence concerning the first occasion strictly conformed with the allegation; and although the evidence as to the second occasion did not exactly agree with the language of the complaint, we shall assume that the…
1Opinion of the CourtHarris, J.
The only question for decision is whether the court erred in entering an involuntary judgment of nonsuit. If the words employed by the defendant are not actionable per se in this jurisdiction, then the inescapable conclusion is that the trial court ruled correctly.
Spoken words are either actionable or not actionable. Actionable words are divided into two classes: (1) Those which are actionable in themselves; or per se; and (2) those which are actionable only upon allegation and proof of special damage, or per quod. Defamatory words, where spoken, may or may not be actionable per se, depending…
2Cases cited19 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- State v. NeaseOregon Supreme Court · 1905
- State v. MasonOregon Supreme Court · 1896
- State v. WaymireOregon Supreme Court · 1908
- Williams v. RiddleCourt of Appeals of Kentucky · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Prout v. StateCourt of Appeals of Maryland · 1988
- Neumann v. LilesOregon Supreme Court · 2016
- Peck v. Coos Bay Times Publishing Co.Oregon Supreme Court · 1927
- Multnomah County Fair Ass'n v. LangleyOregon Supreme Court · 1932
- Marleau v. Truck Insurance ExchangeOregon Supreme Court · 2001
23 more not listed; retrieve them via the Exa API.