Luick v. Driscoll

This was an action by appellee against appellant for damages, for the speaking of slanderous words alleged to have been falsely spoken by appellant of and concerning appellee.

Only one question is presented for our consideration and that is whether the speaking of the defamatory words of and to the wife in presence of the husband only, constitutes a publication. The proposition is conceded that to constitute slander the defamatory words must have been spoken within the presence and hearing of some third person. It appears that the slanderous words were spoken to and of appellee' by appellant,…