Hygienic Fleeced Underwear Co. v. Way
Superior Court of Pennsylvania
Appeal, No. 7, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T., 1905, No. 3,459, for defendant non obstante veredicto in case of Hygienic Fleeced Underwear Co. v. John Howard Way, trading as The Way Muffler Company. Trespass to recover damages for trade libel or slander of title. Before Ralston, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 7, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T., 1905, No. 3,459, for defendant non obstante veredicto in case of Hygienic Fleeced Underwear Co. v. John Howard Way, trading as The Way Muffler Company. Trespass to recover damages for trade libel or slander of title. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto. —This case is ruled by Stroud v. Smith, 194 Pa. 502. — Cases exactly similar to this have not arisen in Pennsylvania, but in…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal by the plaintiff from a judgment for the defendant non obstante veredicto in an action in the nature of an action for slander of title. Two reasons were assigned by the learned court below for the judgment, first, that there was not, under all the evidence, sufficient proof of malice upon the part of the defendant; secondly, that there was no proof of special damage and there could be no recovery of punitive damages in the absence of such proof. We shall consider these separately.
1. For several years prior to the bringing of the action the parties…
2Cases cited10 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Burkett v. GriffithCalifornia Supreme Court · 1891
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- Young v. GeiskeSupreme Court of Pennsylvania · 1904
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