Jones v. King
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. 1. A verdict that there was no cause of action is clearly unsupported by the evidence. Miles v. Harrington, 8 Kansas, 425; Flint v. Clarice, 18 Conn., 361. 2. When a verdict is unsupported by any evidence, and is in total disregard of instructions given by the court on material points, it should be set aside.
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APPEAL from the Circuit Court for Waupaca County. 1. A verdict that there was no cause of action is clearly unsupported by the evidence. Miles v. Harrington, 8 Kansas, 425; Flint v. Clarice, 18 Conn., 361. 2. When a verdict is unsupported by any evidence, and is in total disregard of instructions given by the court on material points, it should be set aside. Hayward v. Ormsbee, 7 Wis., Ill; Van Vallcenburgh v. Hoshins, id., 496; Whalon v. Blaclcburn, 14 id., 432. 3. The plaintiff is prejudiced by not obtaining a verdict for nominal damages, because he has in consequence been mulcted in costs…
1Opinion of the CourtLyon, J.
This is an action for slander. The complaint charges the speaking by the defendant, to and concerning the plaintiff, of certain slanderous words, imputing to the latter the committing of divers criminal offenses. The defendant by his answer denies the speaking of some of the slanderous words set out in the complaint, and admits the speaking of others of them, and alleges, by way of mitigation, that the plaintiff provoked him, by charging him with crime and by applying to him grossly insulting epithets, to utter the language complained of.
The evidence shows that the parties casually met and *423eng…
2Cases cited3 opinions
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Jarvis v. HathewayNew York Supreme Court · 1808
- Laubenheimer v. MannWisconsin Supreme Court · 1865
3Cited by5 opinions
- Cronemillar v. Duluth-Superior Milling Co.Wisconsin Supreme Court · 1908
- Benson v. President of the WaukeshaWisconsin Supreme Court · 1889
- Spencer v. DavisCourt of Appeals of Texas · 1927
- Ridgeway State Bank v. BirdWisconsin Supreme Court · 1925
- Spencer v. DavisCourt of Appeals of Texas · 1927