Stitzell v. Reynolds
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1868, No. 41. This was an action of slander, by Patrick Reynolds and Elizabeth his wife against Frederick Stitzell, commenced August 23d 1866. The declaration contained four counts.
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1868, No. 41. This was an action of slander, by Patrick Reynolds and Elizabeth his wife against Frederick Stitzell, commenced August 23d 1866. The declaration contained four counts. The 1st charged that the defendant uttered the following defamatory words, to wit:— “ That he (the said Frederick Stitzell meaning) understood that Elizabeth Reynolds, the plaintiff meaning, had her hogs in his (the said George Dawson’s meaning) corn, and that she (the said Elizabeth Reynolds meaning) had carried away corn, thereby…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
The words set out in the first count of the declaration impute no indictable offence of themselves, and without special damage, are therefore not actionable. Words, indeed, are no longer construed in mitiori sensu, but if in their plain popular meaning they convey a criminal charge, it is now sufficient. “ Elizabeth Reynolds had her hogs in your corn and carried corn away,” impute in their worst sense, standing by themselves, a mere trespass. To show that they meant to impute larceny, there must be a reference to some…
2Cases cited10 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Thomas v. CroswellNew York Supreme Court · 1810
- Bornman v. BoyerSupreme Court of Pennsylvania · 1811
- Shultz v. ChambersSupreme Court of Pennsylvania · 1839
- Thompson v. LuskSupreme Court of Pennsylvania · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898