Walker v. Wickens
Supreme Court of Kansas
Error from Nemaha District Court. The opinion states the facts. 1. In view of the fact that no special damages were claimed or proven, and that Mrs. Wickens did not suffer any in her business or in the estimation of her neighbors, the damages awarded by the jury must be those following from the uttering of words per se actionable, and have been given by reason of express malice on the part of Mr. Walker.
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Error from Nemaha District Court. The opinion states the facts. 1. In view of the fact that no special damages were claimed or proven, and that Mrs. Wickens did not suffer any in her business or in the estimation of her neighbors, the damages awarded by the jury must be those following from the uttering of words per se actionable, and have been given by reason of express malice on the part of Mr. Walker. The evidence as to whether or not Mrs. Wickens or her husband had any credit at the store, what effort if any was made to collect the account, and that Mr. Walker only spoke to a justice in…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action for malicious slander. W. M. Walker, a merchant in Sabetha, stated to several persons that Margaret R. Wickens had stolen shoes from his place of business. When she brought an action to recover damages for the alleged slander, he answered that the charge which he had made was true, and that she did commit larceny in taking the shoes. At the trial, the jury found that the charge of larceny made by Walker was untrue; that he was prompted by ill-will and bad intent toward Mrs. Wickens in uttering the slander, and had no…
2Cases cited4 opinions
- Schiffer v. . PrudenNew York Court of Appeals · 1876
- Flagg v. RobertsIllinois Supreme Court · 1873
- Miles v. HarringtonSupreme Court of Kansas · 1871
- Hubbard v. RutledgeMississippi Supreme Court · 1876
3Cited by6 opinions
- Wallace v. KopenbrinkSupreme Court of Oklahoma · 1911
- Conard v. DillinghamArizona Supreme Court · 1922
- Roniger v. McIntoshSupreme Court of Kansas · 1914
- Wood v. CusterSupreme Court of Kansas · 1912
- Garvin v. GarvinSupreme Court of Kansas · 1912
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