Bradley v. Gardner
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. This was an action for slanderous words spoken by the defendant, of and concerning the plaintiff, and in his presence.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. This was an action for slanderous words spoken by the defendant, of and concerning the plaintiff, and in his presence. On the trial, James Brownley, a witness for the defendant, after stating tbat plaintiff and defendant were quarreling in front of a saloon, in the town of Santa Clara, and detailing the slanderous words used by defendant, testified as follows : “ The plaintiff called Gardner a Christ-killer. After this, Gardner went across the street to wait on a lady.” Record then proceeds : “ Witness was…
1Opinion of the CourtBaldwin, J.
Terry, C. J., and Field, J., concurring.
Without considering the other assignments of error, it is apparent that the judgment must be reversed, on the ground that the Court below, on the trial, refused to admit the proof of the entire conversation between plaintiff and defendant at the time of the uttering of the alleged slanderous words. The question asked was as to the reply made by the plaintiff when the defendant uttered the words for speaking which suit was brought. That reply might have qualified or explained the words, or shown in what sense they were uttered, or even admitted their…
2Cited by1 opinion
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