Romano v. DeVito

This is an action of tort for slanderous words alleged to have been spoken by the defendant concerning the plaintiff. The original declaration was in the English language. During the trial it appeared that the words spoken were in the Italian language, and the counsel for the plaintiff stated that the alleged slanderous words had been spoken in Italian, and that he did not contend that they were spoken in English. The judge then suggested that, if that were so, there was a variance between the allegations and the proof. The plaintiff asked for leave to amend by setting forth the words spoken…