Sharp v. Bowlar
Court of Appeals of Kentucky
Case 35 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. 1. The peremptory instructions asked for by defendant should have been given (1) because the plaintiff failed to prove substantially the words as charged. Sproule v. Reed, 1 Ky. Law Rep., 229; (2) the facts proved by plaintiff’s witnesses showed the communication or statement was a privileged one, made to the stepfather, an agent of the plaintiff, in answer to his inquiry. Am. & Eng.
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Case 35 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. 1. The peremptory instructions asked for by defendant should have been given (1) because the plaintiff failed to prove substantially the words as charged. Sproule v. Reed, 1 Ky. Law Rep., 229; (2) the facts proved by plaintiff’s witnesses showed the communication or statement was a privileged one, made to the stepfather, an agent of the plaintiff, in answer to his inquiry. Am. & Eng. Enc. of Law, vol. 13, page 468; (3) because the testimony of plaintiff’s witnesses showed there was no malice on the part of defendant, and the…
1Opinion of the Court
' CHIEF JUSTICE LEWIS
delivebed the opinion of the court.
Mattie Bowlar, an infant, suing by her next friend and. step-father, Hayden Bowlar, brought this action for damages against D. F. Sharp, for the alleged false and malicious speaking, in the presence and hearing of divers persons, these words: “Mattie Bowlar is a thief; she stole-a box of whitening, and a white silk handkerchief and twelve yards of fine lace from me.” Appellant in the first. *285paragraph of his answer denies that he spoke of the plaintiff the words set out in the petition.
In the second paragraph he says that appellee was a…
2Cited by10 opinions
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- Tanner v. StevensonCourt of Appeals of Kentucky · 1910
- Adams & Sullivan v. SengelCourt of Appeals of Kentucky · 1917
- City of Louisville v. HehemannCourt of Appeals of Kentucky · 1914
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