Herst v. Borbidge
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This action was brought in the Supreme Court, No. 190, to January Term 1866, by Charles W. Borbidge against Philip Herst, for slander, and was tried before Strong, J., at Nisi Prius. The declaration contained four counts.
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Certificate from Nisi Prius. This action was brought in the Supreme Court, No. 190, to January Term 1866, by Charles W. Borbidge against Philip Herst, for slander, and was tried before Strong, J., at Nisi Prius. The declaration contained four counts. The first count recited that before the speaking of the words, “ the plaintiff was in the employ of defendant, and worked and made hats for defendant; and whereas, the defendant at and before the speaking of the said false and scandalous words, charged and accused the plaintiff with the larceny of certain hats, and with returning a larger number…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The declaration avers that at and before the speaking of the words laid, the defendant accused the plaintiff with the larceny of certain hats. It seems to be natural to ask why the pleader did not declare upon the express charge of larceny ? But it is the right of the plaintiff to select his own ground, and for this he may have a good reason. Bruce v. Cooper, 2 Watts 109, decides that the substance of the words spoken must be proved; not merely that the offence intended to be charged was substantially indicated by the language used. The…
2Cases cited4 opinions
- Shultz v. ChambersSupreme Court of Pennsylvania · 1839
- Thompson v. LuskSupreme Court of Pennsylvania · 1833
- Beirer v. BushfieldSupreme Court of Pennsylvania · 1832
- Cooper v. BruceSupreme Court of Pennsylvania · 1833
3Cited by3 opinions
- Bennett v. NorbanSupreme Court of Pennsylvania · 1959
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
- Bricker v. Flatch, Pennsylvania Court of Common Pleas, Bucks County1955