Linney v. Maton
Texas Supreme Court
Appeal from Liberty. This was a suit for damages commenced by the appellee, on account of slanderous words published by the appellant of and concerning her. The words charged were “Sheis a damned lying whore,” “You are a damned lying whore.”
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Appeal from Liberty. This was a suit for damages commenced by the appellee, on account of slanderous words published by the appellant of and concerning her. The words charged were “Sheis a damned lying whore,” “You are a damned lying whore.” By the publishing of which words plaintiff charged she had been greatly injured in her credit and reputation and brought into public scandal, infamy and disgrace with and amongst her friends and neighbors; and that one Stephen F. Brashear, with whom she was about to be married, had, in consequence of these words, broken off his engagement and refused to…
1Opinion of the CourtWheeler, J.
It must be admitted that, according to the great weight of authorities, the slanderous words charged in the petition, are not actionable at the Common Law, without the proof of special damage. 66 It is now too late (said Ch. J. u Savage, in Bradt v. Towsley) to interrupt the current of au- “ thority adjudging that words charging a female with lewd-6i ness are not actionable, though it is very palpable that the “ presumption of damage is quite as strong as in any case “ in which it is presumed. For instance, damage is presumed “ if one charges a clergyman with intemperance or profligacy, ie…
2Cases cited1 opinion
- Trabue v. MaysCourt of Appeals of Kentucky · 1835
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