Ivins v. Louisville & Nashville Railroad

1. Where, from the allegations in action for defamation, it is uncertain whether the words complained of were written or spoken, that is, whether the plaintiff is suing for a slander or for a libel, but it is fairly probable from all the averments that the words were written, and therefore that the plaintiff’s intention was to sue for a libel, an amendment which seeks merely to remove the ambiguity, is not objectionable as adding a new and distinct cause of action. In such a case a petition which describes the cause of action as a “slander” may be amended by substituting the word “libel.”…