Rogers v. Henry
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Vernon County. Action for slander. Tbe complaint alleges that tbe defendant, in tbe presence and bearing of several other persons, maliciously spoke to tbe plaintiff, and of and concerning him, tbe following false and defamatory words: “ You are a Gfod damned thief, and I can prove it. You stole eight hundred dollars from your father.” “You stole eight hundred dollars from your father; so your kindred say.”
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APPEAL from tbe Circuit Court for Vernon County. Action for slander. Tbe complaint alleges that tbe defendant, in tbe presence and bearing of several other persons, maliciously spoke to tbe plaintiff, and of and concerning him, tbe following false and defamatory words: “ You are a Gfod damned thief, and I can prove it. You stole eight hundred dollars from your father.” “You stole eight hundred dollars from your father; so your kindred say.” Tbe answer is, first, a general denial; and second, by way of mitigating tbe damages, that at the time the slanderous words are alleged to have been…
1Opinion of the CourtLyow, J.
The language alleged in the complaint to have been spoken by the defendant to and concerning the plaintiff, imputes a criminal offense to the latter, and the words thus spoken are actionable per se. There can be no doubt from the evidence that the words were spoken by the defendant as alleged. There is no conflict of testimony on this subject. Hence the plaintiff is entitled to recover some damages.
The books are full of cases in which the courts have set aside verdicts because the. damages awarded were excessive. This power has been frequently exercised in this state. Potter v. Ch. & N. W. R.…
2Cases cited7 opinions
- Birchard v. BoothWisconsin Supreme Court · 1856
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Wilson v. YoungWisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Luther v. ShawWisconsin Supreme Court · 1914
- Templeton v. GravesWisconsin Supreme Court · 1883
- Stallings v. WhittakerSupreme Court of Arkansas · 1892
- Sorenson v. DundasWisconsin Supreme Court · 1880