Burford v. Wible
Supreme Court of Pennsylvania
Error, to the Common Pleas of Armstrong county. This was an action on the case by Lydia Ann Burford, by her father and next friend, John Burford, against Robert Wible, for slander, in charging “ That she had gone nine miles from home, one night, to four different colliers’ shanties, and that she had gone to bed to them.” The defendant pleaded not guilty, and justification.
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Error, to the Common Pleas of Armstrong county. This was an action on the case by Lydia Ann Burford, by her father and next friend, John Burford, against Robert Wible, for slander, in charging “ That she had gone nine miles from home, one night, to four different colliers’ shanties, and that she had gone to bed to them.” The defendant pleaded not guilty, and justification. On the trial, the plaintiff proved the speaking of the slanderous words charged in the declaration; whereupon the defendant offered to prove, by James Wible, his brother, that the plaintiff, with her sister, visited the…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
The words declared upon, impute to plaintiff the offence of fornication, committed with four different persons, at as many distinct times and places. And it was ruled by the court below, and is contended here, that the proving of one of them to be true, furnishes a complete defence, under the plea of justification, to all. There is some distinction, between the proof required of a plaintiff to maintain an action for words, and such as will establish a full defence under that plea. For although there must be no variance, in substance,…
2Cases cited1 opinion
- Skinner v. PowersNew York Supreme Court · 1828
3Cited by4 opinions
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Bodine v. Times-Journal Pub. Co.Supreme Court of Oklahoma · 1910
- Kilian v. Doubleday & Co.Supreme Court of Pennsylvania · 1951
- Degnan Chevrolet, Inc. v. Cocco, Pennsylvania Court of Common Pleas, Philadelphia County1973