Kinney v. Cady

(specially concurring) — I concur in a reversal because of the size of the verdict.

The principal ground upon which the majority bases a reversal is the trial court’s ruling upon appellee’s motion to strike appellant’s plea of privilege. I think such ground is untenable and that appellant’s amendment which pleaded privilege was properly stricken because it neither expressly nor impliedly admitted the speaking' of the words charged. The plea was conditional upon the making of the alleged statements, which in the same division was twice denied. Perhaps it would have been a sufficient admission…