Foster v. Small
Supreme Court of Pennsylvania
Error to tbe District Court for the City and County of Philadelphia to remove the record of an action on the case brought by Robert Foster against William B. Small, to recover damages for slanderous words alleged to have been uttered by the defendant concerning the plaintiff. *There were four counts in the declaration. 1st count. “He, (the plaintiff,) is not a physician, but a two-penny bleeder.” 2d count.
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Error to tbe District Court for the City and County of Philadelphia to remove the record of an action on the case brought by Robert Foster against William B. Small, to recover damages for slanderous words alleged to have been uttered by the defendant concerning the plaintiff. *There were four counts in the declaration. 1st count. “He, (the plaintiff,) is not a physician, but a two-penny bleeder.” 2d count. “He, (the plaintiff,) was called to a man near the new bridge, who had injured his leg, and by his (plaintiff’s) bad treatment the man must have been lame for life had not I, (defendant,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though evidence of all the words alleged need not be given, it seems necessary that at least some of those that are actionable be proved as they are laid; and while the proof of speaking is for the jury, the correspondence betwixt the words spoken and the words laid, is for the court. The very words need not be proved; but where they are in fact proved, they must, it seems, correspond with the very words laid; and hence perhaps it is, that words spoken in the second person are not legal equivalents for words of the very same import spoken…
2Cited by5 opinions
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