Torres v. Huner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Hnner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the' county of Kings on the 24th day of February, 1912, overruling the defendant’s ' demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hirschberg, J.:
This is an action for slander, the words alleged to have been uttered being, “You are drunk,” and “You are a Groddamn son-of-a-bitch.” No special damages were alleged, and the only question on this appeal is whether the words above quoted are actionable per se. The respondent admits that the early cases seem to hold that these words are not actionable, and that they uniformly so hold is undoubtedly true, but her counsel claims that the early rule has been entirely changed by the case of Dallin v. Mayer (122 App. Div. 676). In that case the Appellate Division of the First…
2Cases cited2 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Dallin v. MayerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by11 opinions
- Dillard v. ShattuckNew Mexico Supreme Court · 1932
- Skolnick v. NudelmanAppellate Court of Illinois · 1968
- Ruta v. Delta Airlines, Inc.District Court, S.D. New York · 2004
- Smith v. FieldenTennessee Supreme Court · 1959
- Feinstein v. KayeNew York Supreme Court · 1945
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