Smith v. Miles
Supreme Court of Vermont
These were actions of slander, — the first in a declaration of four counts, charging the defendant with having spoken the words following. “ Smith and his wife have both stolen my property, and I can prove it.” “ I have been down to get my lightning rods, before Smith steals them, for he has stole and will steal again.” “You (Smith) have stole from me — you and your wife both.” “ Smith and his wife, have stole, and I can" prove it, if Horace Loomis will tell the truth.”
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These were actions of slander, — the first in a declaration of four counts, charging the defendant with having spoken the words following. “ Smith and his wife have both stolen my property, and I can prove it.” “ I have been down to get my lightning rods, before Smith steals them, for he has stole and will steal again.” “You (Smith) have stole from me — you and your wife both.” “ Smith and his wife, have stole, and I can" prove it, if Horace Loomis will tell the truth.” The words charged in the second case, were substantially the same. Pleas, the general issue and trial by jury. The testimony…
1Opinion of the Court
*249The opinion of the court was delivered by
Redfield, J.
It is obvious the jury must find the speaking of the words as alleged, i. e. so many of the same words as go to constitute the sting of the charge, and the truth of all the averments and innuendos necessary to support the action. In order to do this, they must determine whether the defendant, apparently, used the words in their common and obvious signification, or in some ironical, hyperbolical, allegorical or other figurative sense.
In this view, doubtless, the sense in which intelligent and observing witnesses, who were present, and…
2Cited by14 opinions
- Nelson v. BorcheniusIllinois Supreme Court · 1869
- Rea v. HarringtonSupreme Court of Vermont · 1885
- People v. RitchieUtah Supreme Court · 1895
- State v. CooleyNew Mexico Supreme Court · 1914
- Knapp v. FullerSupreme Court of Vermont · 1883
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