Mott v. Dawson
Supreme Court of Iowa
Appeal from Franklin Circuit Court. This is an action for slander based upon the following alleged defamatory words: “ C. J. Mott cheated you awfully in the sale of those cattle. I can tell you how it was done. In the morning of the day when you and Lehman took the cattle away he had the whole lot watered before you and Lehman were up, and then he had them weighed out to you full of water.
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Appeal from Franklin Circuit Court. This is an action for slander based upon the following alleged defamatory words: “ C. J. Mott cheated you awfully in the sale of those cattle. I can tell you how it was done. In the morning of the day when you and Lehman took the cattle away he had the whole lot watered before you and Lehman were up, and then he had them weighed out to you full of water. He sold those cattle to you full of water, when you thought they had not been watered for twelve hours.” It is alleged in the petition that the defendant intended by the speaking of these words to charge…
1Opinion of the Court
Rothrock. J.
f. slander: .justification. I. The defendant in his answer admitted the speaking of the words charged and justified by alleging '^at ^ey were true. It appears that the plaintiff gold the partnership firm of Norris & Lehman about one hundred head of cattle with the understanding that said cattle were not to be permitted to drink any water within twelve hours preceding the weighing and delivering thereof to the' said purchasers.
The court instructed the jury as follows:
“ 8. It will not be sufficient to sustain the truth of the charge that the cattle had been drinking or been watered…
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