Nicholson v. Rogers
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) Damages for mortification, shame, disgrace and dishonor were not recoverable under the allegation in the petition of damage to reputation. Moffat v. Conklin, 35 Mo. 453; Camp v. Heenan, 43 Mo. 591; Bankv. Murdoch, 62 Mo. 70; Waddingham v. Hulett, 92 Mo. 528; Mays v. Pryce, 95 Mo. 604. (2) The use of the term “substantially those words” in the instructions given was error.
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Appeal from Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) Damages for mortification, shame, disgrace and dishonor were not recoverable under the allegation in the petition of damage to reputation. Moffat v. Conklin, 35 Mo. 453; Camp v. Heenan, 43 Mo. 591; Bankv. Murdoch, 62 Mo. 70; Waddingham v. Hulett, 92 Mo. 528; Mays v. Pryce, 95 Mo. 604. (2) The use of the term “substantially those words” in the instructions given was error. Berry v. Dryden, 7 Mo. 324; Birch v. Benton, 26 Mo. 153; Atterberry v. Powell, 29 Mo. 429; Pennington v. Meeks, 46 Mo. 217; Lewis v. McDaniel, 82 Mo. 577;…
1Opinion of the CourtMacfarlane, J.
The action is for damages on account of alleged slanderous words spoken. The petition charged that the defendant spoke of and concerning plaintiff, on two occasions, these words: “He is keeping a whore house.” Other words were also charged to have been spoken, which imputed to plaintiff the offense, as alleged, of “keeping a whore house.”
On the trial some of plaintiff’s witnesses testified that defendant spoke the exact words charged. Defendant denied speaking the words or any words imputing the offense.
*141Instruction 2, given the jury at the request of plaintiff was as follows:
‘ ‘And the court…
2Cases cited9 opinions
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Callahan v. IngramSupreme Court of Missouri · 1894
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- Birch v. BentonSupreme Court of Missouri · 1858
- Clements v. MaloneySupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- Carson v. SmithSupreme Court of Missouri · 1896
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
- Coats v. News CorporationSupreme Court of Missouri · 1946
23 more not listed; retrieve them via the Exa API.