Legal Opinion

Bornman v. Boyer

Supreme Court of Pennsylvania

Decided May 25, 1811PublishedCited by 11 opinions

IN ERROR. « t have lost a “ calfskin out «the day that “ ^«^ot fhe”" “leather, and “cellar bat you, “ bornman and “ Gray,- and I not blame “ 3’0U }wr Gray, “but Bornman « mUst have “fden it," is Sl3.nflfil*' nnd without any com{^««wraofafelony, an mnuendo that the tiefendant thereby meant that Bornman had st0!f/‘ íhe said calfskin, was held good to support a judgmontanera verdict for plaintiff.

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IN ERROR. « t have lost a “ calfskin out «the day that “ ^«^ot fhe”" “leather, and “cellar bat you, “ bornman and “ Gray,- and I not blame “ 3’0U }wr Gray, “but Bornman « mUst have “fden it," is Sl3.nflfil*' nnd without any com{^««wraofafelony, an mnuendo that the tiefendant thereby meant that Bornman had st0!f/‘ íhe said calfskin, was held good to support a judgmontanera verdict for plaintiff. THE defendant in error was sued in the Common Pleas A of Dauphin for slander, the declaration charging that in a conversation with a certain Henry Reigart, he malieiously and falsely uttered and spoke…

1Opinion of the Court

Tilghman C. J.

The error assigned in this case is, that the words laid in the declaration are not actionable. The defendant contends that he only said, that the plaintiff took his calfskin, and not that he stole it, and that the innuendo cannot alter the meaning of the words. Where words will bear several meanings, the plaintiff has a right to aver by an innuendo, the meaning with which he conceiv es they were spoken, and it is .for the jury to decide whether he is right. It must not be supposed, that one may blast the character of his neighbour by insinuating slander, wrapped up in equivocal…

2Cases cited1 opinion

  1. Shaffer v. KintzerSupreme Court of Pennsylvania · 1809

3Cited by11 opinions

  1. Price v. ConwaySupreme Court of Pennsylvania · 1890
  2. Commonwealth v. Keenan & ClarkSupreme Court of Pennsylvania · 1871
  3. Mix v. WoodwardSupreme Court of Connecticut · 1837
  4. M'Clurg v. RossSupreme Court of Pennsylvania · 1812
  5. Thompson v. LuskSupreme Court of Pennsylvania · 1833

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