Rahauser v. Barth
Supreme Court of Pennsylvania
ERROR to the common pleas of Butler county. - In an action of slander, in which the plaintiff in errpr was the plaintiff below, the declaration set forth, that the Rev. C. G. Schwerger Barth, the defendant, uttered the following words of the plaintiff as a minister of the gospel: “ That it was against the will of Mrs Boyer, the widow of the Rev. John Boyer, and that if he [the Rev. Daniel Rahauser meaning] said he [meaning the said Rev. Daniel Rahauser] preached the funeral…
Read the full summary
ERROR to the common pleas of Butler county. - In an action of slander, in which the plaintiff in errpr was the plaintiff below, the declaration set forth, that the Rev. C. G. Schwerger Barth, the defendant, uttered the following words of the plaintiff as a minister of the gospel: “ That it was against the will of Mrs Boyer, the widow of the Rev. John Boyer, and that if he [the Rev. Daniel Rahauser meaning] said he [meaning the said Rev. Daniel Rahauser] preached the funeral sermon, he [meaning the said Rev. Daniel Rahauser] was an infamous liar.” On the trial it appeared that the words were…
1Per curiam
Though it is by no means clear that the amendment would have made the words actionable, without an averment that the plaintiff had in fact preached the funeral sermon alluded to; yet it was demandable of right, and ought to have been allowed. Slanderous words- must be set out in the language in which they were spoken ; and the leave required went no further than to enable the defendant to comply with the rule by doing so. No change in substance was proposed; and it is not easy to imagine an objection.
Judgment reversed.
2Cited by6 opinions
- Bower v. DeidekerSupreme Court of Iowa · 1874
- Romano v. DeVitoMassachusetts Supreme Judicial Court · 1906
- Bogart v. M'DonaldNew York Supreme Court · 1801
- First National Bank v. Jermyn, Pennsylvania Court of Common Pleas, Lackawanna County1948
- Kiss v. Nimet, Pennsylvania Court of Common Pleas, Lehigh County1924
1 more not listed; retrieve them via the Exa API.