Long v. Fleming
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of slander. The verdict was for the plaintiff. There were several counts in the declarations. The judge who tried the cause held the words in all the counts, except the third and fourth, not to be actionable. The allegata and probata are stated in the opinion of the court.
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THIS was an action of slander. The verdict was for the plaintiff. There were several counts in the declarations. The judge who tried the cause held the words in all the counts, except the third and fourth, not to be actionable. The allegata and probata are stated in the opinion of the court. The defendant moved for a new trial, and assigned a number of reasons, the following of which are only material to be noticed, viz: 1. The evidence does not support the declaration, nor any part thereof. 2. The court charged the jury, that words spoken interrogatively would, in point of law, support the…
1Opinion of the Court
The opinion of the court was delivered by
Stroud, I.—
The words laid in two counts of the declaration are clearly actionable. In the one, the defendant is charged to have said, “ She, the plaintiff, was pregnant, and in my opinion very lusty.” In the other, the statement is, “ Elizabeth Long is pregnant and gone with child seven months.”
A witness proved that himself and another being in conversation with the defendant, the latter said, “ Have you heard or do you know that Miss Long is pregnant by Dr. P.” We exclaimed, “ Can it be so V’ He replied, “ There is too much reason to believe it so.”…
2Cases cited3 opinions
- Miller v. MillerNew York Supreme Court · 1811
- Cooper v. BruceSupreme Court of Pennsylvania · 1833
- Hersh v. RingwaltSupreme Court of Pennsylvania · 1803