Thompson v. Lusk
Supreme Court of Pennsylvania
ERROR to Susquehanna county. This was an action of slander by Franklin Lusk against William Thompson. The declaration contained four counts; the insufficiency of which was the assignment of error by the defendant below.
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ERROR to Susquehanna county. This was an action of slander by Franklin Lusk against William Thompson. The declaration contained four counts; the insufficiency of which was the assignment of error by the defendant below. The material parts of the declaration were: And whereas also before the committing of the several grievances by the said William Thompson, as in the first, second and third counts hereinafter mentioned, a certain action had been depending before Lyman Trow-bridge, a justice of the peace in and for the county of Susquehanna, wherein one Jacob M’Kinney was plaintiff, and one…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, G. J.
Where the accusation has not been made bluntly, but has been insinuated, as it sometimes is, in a way to make it actionable, it is frequently a nice thing to determine whether the attendant circumstances are sufficiently stated to indicate, with legal precision, the sense in which the words are supposed to have been spoken and understood. The latter must in general be coupled, by means of a colloquium, with facts which give a particular hue to the meaning, and which, by the help of inuendoes, to designate the things and persons alluded to,…
2Cases cited2 opinions
- Bornman v. BoyerSupreme Court of Pennsylvania · 1811
- Rue v. MitchellSupreme Court of the United States · 1790
3Cited by7 opinions
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
- Commonwealth v. Keenan & ClarkSupreme Court of Pennsylvania · 1871
- Herst v. BorbidgeSupreme Court of Pennsylvania · 1868
- Vliet v. RoweWisconsin Supreme Court · 1844
- Bricker v. PottsSupreme Court of Pennsylvania · 1849
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