Lewis v. Humphries
Missouri Court of Appeals
Appeal from, the Sullivan Circuit Court. — Hon. W. W. Ruckle, Judge. (1) The court permitted the plaintiff and others to testify that they understood from defendant’s conversation, in which the slanderous language is alleged to have been spoken, that Humphreys charged plaintiff with the taking or stealing of some rails off a farm belonging to defendant.
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Appeal from, the Sullivan Circuit Court. — Hon. W. W. Ruckle, Judge. (1) The court permitted the plaintiff and others to testify that they understood from defendant’s conversation, in which the slanderous language is alleged to have been spoken, that Humphreys charged plaintiff with the taking or stealing of some rails off a farm belonging to defendant. If the words spoken were ■unambiguous, the understanding of bystanders can not be shown to make words actionable which as alleged in the petition are not actionable per se. Smith v. Gafford, 33 Ala. 168; Townsend on Slander, sec. 140; Callahan…
1Opinion of the CourtSmith, P. J.
This is an action for slander. The plaintiff had judgment in the lower court, from which the defendant appeals.
It is alleged in the petition that the defendant spoke of and concerning the plaintiff in the presence of William Abernathy, D. G-. Browning, and A. B. Trask, and divers other persons, the following false and slanderous words, that is to say: “See here, I am going to have you [meaning plaintiff] arrested, if you [meaning plaintiff] don’t come up and pay for them rails you [meaning plaintiff] took from down there, and I am going to jug you [meaning the plaintiff] and jug you [ meaning…
2Cases cited18 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Callahan v. IngramSupreme Court of Missouri · 1894
- Bush v. . ProsserNew York Court of Appeals · 1854
- Christal v. CraigSupreme Court of Missouri · 1883
- Gibson v. WilliamsNew York Supreme Court · 1830
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3Cited by13 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Earley v. WinnWisconsin Supreme Court · 1906
- Flowers v. SmithSupreme Court of Missouri · 1908
- Yager v. BruceMissouri Court of Appeals · 1906
- Vaughn v. MayMissouri Court of Appeals · 1925
8 more not listed; retrieve them via the Exa API.