Leitz v. Hohman
Superior Court of Pennsylvania
Appeal, No. 194, Oct. T., 1899, by-defendant, from judgment of C. P. Lancaster Co., June T., 1897, on verdict for plaintiff in case of William Leitz v. John W. Hohman. Trespass for slander. The plaintiff’s statement charged the following defamatory words: “ This Dutchman kills diseased cattle — he killed a calf with an abscess full of matter, his customers are all getting sick and are sending for me to furnish them meat — they can’t eat his meat — -they get sick on it.”
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Appeal, No. 194, Oct. T., 1899, by-defendant, from judgment of C. P. Lancaster Co., June T., 1897, on verdict for plaintiff in case of William Leitz v. John W. Hohman. Trespass for slander. The plaintiff’s statement charged the following defamatory words: “ This Dutchman kills diseased cattle — he killed a calf with an abscess full of matter, his customers are all getting sick and are sending for me to furnish them meat — they can’t eat his meat — -they get sick on it.” At the trial when plaintiff was on the stand he was asked this question: “ Q. About April, 1897, did you hear of any…
1Opinion of the Court
Opinion by
Rice, P. J.,
Mr. Justice Clash, in an elaborate and convincing opinion reviewing the leading cases upon the subject of slander charging an indictable offense, approved the rule laid down in Brooker v. Coffin, 5 Johns. 190, saying that the cases in Pennsylvania are in accord with it, and that it is the true rule. It is as follows : “In case the charge, if true, will subject the party charged to an indictment for a crime, involving moral turpitude, or subject him to an infamous punishment, then the words will be in themselves actionable : ” Davis v. Carey, 141 Pa. 314. It is for the…
2Cases cited8 opinions
- Price v. ConwaySupreme Court of Pennsylvania · 1890
- Commonwealth v. KaySuperior Court of Pennsylvania · 1900
- Lukehart v. ByerlySupreme Court of Pennsylvania · 1867
- Davis v. CareySupreme Court of Pennsylvania · 1891
- Pease v. ShippenSupreme Court of Pennsylvania · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Zerpol Corp. v. DMP Corp.District Court, E.D. Pennsylvania · 1983
- Goebeler v. WilhelmSuperior Court of Pennsylvania · 1901
- Binder v. Pottstown Daily News Publishing Co.Superior Court of Pennsylvania · 1907
- Hartman Co. v. HymanSuperior Court of Pennsylvania · 1925
- Leppley v. SmithSuperior Court of Pennsylvania · 1927
7 more not listed; retrieve them via the Exa API.