Cook v. Patterson Drug Co.

*518This is an action under Virginia Code, 1942 (Michie), section 5781*, for insulting words. The defendant filed a plea of not guilty and a notice in writing of its intention to rely upon an apology in mitigation of damages. The jury returned a verdict for the defendant, on which the trial court entered judgment. From that judgment Harvey S. Cook, the plaintiff, obtained this writ of error.

The sole assignment of error is that an instruction given to the jury was contrary to the law and in conflict with other instructions given. This contention renders it only necessary to give a short summary of…