Jarman v. Rea
California Supreme Court
The facts are stated in the opinion of the court. H. V. Morehouse, F. J. Hambly, D. W. Burchard, and E. M. Rea, for Appellant. The words not being actionable per se, special damages must have been alleged and proved. (Pollard v. Lyon, 91 U. S. 225; 3 Lawson’s Rights and Remedies, secs. 1303, 1305, 1306; Odgers on Slander and Libel, pp. 313, 388; Newell on Defamation, pp. 849, 850, 856, 864; 5 Ency.
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The facts are stated in the opinion of the court. H. V. Morehouse, F. J. Hambly, D. W. Burchard, and E. M. Rea, for Appellant. The words not being actionable per se, special damages must have been alleged and proved. (Pollard v. Lyon, 91 U. S. 225; 3 Lawson’s Rights and Remedies, secs. 1303, 1305, 1306; Odgers on Slander and Libel, pp. 313, 388; Newell on Defamation, pp. 849, 850, 856, 864; 5 Ency. Pl. and Prac., p. 766; Cook v. Cook, 100 Mass. 194; Linney v. Maton, 13 Tex. 454; Brandt v. Towsley, 13 Wend. 253; Maynard v. Fireman’s Fund Ins. Co., 34 Cal. 48 ;1 Fry v. McCord, 95 Tenn. 678.) A…
1Opinion of the Court
THE COURT.
Action for slander. The second amended complaint, as afterwards amended, set forth two alleged causes of action. In the first of these it is alleged that plaintiff was duly elected, in the year 1895, a member of the common council of the city of San José, and continued in said office for a period of two years; that while plaintiff was councilman as aforesaid, —to wit, on February 8, 1897,—O. S. Kelley Company, the owner of a certain steam-roller adapted to public street-work, proposed to sell the same to said city for $3,950; that on said day said proposal was by said council…
2Cases cited20 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
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3Cited by18 opinions
- Snively v. Record Publishing Co.California Supreme Court · 1921
- Starks v. ComerSupreme Court of Alabama · 1914
- Dauphiny v. BuhneCalifornia Supreme Court · 1908
- Maher v. DevlinCalifornia Supreme Court · 1928
- Jones v. Express PubLishing Co.California Court of Appeal · 1927
13 more not listed; retrieve them via the Exa API.