Bailer v. Frankenfield

Reno, J.,

The statement alleges that plaintiff is a married woman and that defendant uttered these words concerning her: “I can’t see where Mr. Bailer has his eyes. That Italian banana man goes into her house and stays there for hours at a time. You are good for nothing and I can prove it. She is the biggest liar on two feet.”

The meaning of these words is not averred by an innuendo or otherwise. The defendant contends that the words are not actionable, even though their meaning were averred.

*158If we were permitted to suppose that the words imputed the commission of a crime, e. g., adultery, we…