Legal Opinion

Sowers v. . Sowers

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 15 opinions

Civil Action to recover damages for slander tried at Spring Term, 18S2, of Iredell Superior Court, before Eure, J. The slanderous words charged to have been spoken and published by the defendant concerning the plaintiff (who is called Betlie Sowers) and proved on the trial, were these : “ If Bet Sowers did not have a young one she missed a damn’d good chance,” and it is alleged in the complaint that he meant thereby to charge her with incontinency.

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Civil Action to recover damages for slander tried at Spring Term, 18S2, of Iredell Superior Court, before Eure, J. The slanderous words charged to have been spoken and published by the defendant concerning the plaintiff (who is called Betlie Sowers) and proved on the trial, were these : “ If Bet Sowers did not have a young one she missed a damn’d good chance,” and it is alleged in the complaint that he meant thereby to charge her with incontinency. The issues submitted to the jury vs ere as follows: 1. Were the words alleged in the complaint spoken by the defendant of the plaintiff, and did…

1Opinion of the Court

Smith, C. J.,

after stating the case. These are the several exceptions and the statement of facts upon which they rest, brought up for review by the defendant’s appeal, and we proceed'to consider them in their successive order.

1. There is no justification set up for the utterance of the slanderous words, and the matters alleged in the answer are only admissible in evidence in mitigation of damages, and hence may be proved und.er the third issue for that purpose.

2. A fair and reasonable construction of the defendant’s language in reference to an unmarried woman does, we think, import and impute…

2Cited by15 opinions

  1. Worthy v. . KnightSupreme Court of North Carolina · 1936
  2. RAYMOND U v. Duke UniversityCourt of Appeals of North Carolina · 1988
  3. Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
  4. Kelly v. Durham Traction Co.Supreme Court of North Carolina · 1903
  5. Saunders v. GilbertSupreme Court of North Carolina · 1911

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