Montgomery Ward & Co. v. Skinner

Dissenting Opinion.

L. A. Smith, Sr., J.,

delivered a dissenting opinion.

I am of the opinion that the peremptory instruction ought to have been granted to the appellant. That the conduct of appellant’s manager was unreasonable, and that some substantial damage to the appellee resulted because of her loss of employment may be conceded. The action here, however, is for slander.

Three essential elements of an action for slander are not shown by the record to have been present: (1) the words uttered must have been spoken of and concerning the plaintiff; (2) since the occasion was one of qualified…