Fitzgerald v. Stewart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county. This was an action of slander, at the suit of Mary Stewart, by her father and next friend, John Stewart, against Margaret Fitzgerald ; the writ was issued June 26th 1863. The words laid imputed fornication. The plea was, not guilty.
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Error to the Court of Common Pleas of Armstrong county. This was an action of slander, at the suit of Mary Stewart, by her father and next friend, John Stewart, against Margaret Fitzgerald ; the writ was issued June 26th 1863. The words laid imputed fornication. The plea was, not guilty. The speaking of the words having been proved, the defendant urged in mitigation of damages, that before the speaking of the words there were reports in the neighborhood of the same kind, and that they had arisen from what had been said by the plaintiff herself. Some evidence was given on these points. The…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
This was an action on the case for slander, in which the defendant pleaded the general issue alone. At the trial the court was requested to charge the jury, that if the defendant did no more than repeat a report which originated from the plaintiff’s levity and carelessness, the plaintiff could not recover. But the court refused to affirm the point and instructed the jury that the fact, if found by them, was material only in mitigation of damages — that it did not bar the action. This was undoubtedly correct, and so obviously in accordance…
2Cases cited3 opinions
- Town of Middletown v. Town of BerlinSupreme Court of Connecticut · 1846
- Griffith v. OgleSupreme Court of Pennsylvania · 1806
- Smith v. BuckeckerSupreme Court of Pennsylvania · 1833
3Cited by6 opinions
- Sovereign Bank v. HarperSuperior Court of Pennsylvania · 1996
- McFarland EstateSupreme Court of Pennsylvania · 1954
- Stilwell v. SmithSupreme Court of Pennsylvania · 1907
- Chapliski v. Churchill Coal Corp.Supreme Court of Pennsylvania · 1985
- Commonwealth v. Pladas, Pennsylvania Court of Common Pleas, Schuylkill County1952
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