Legal Opinion

Robertson v. Edelstein

Wisconsin Supreme Court

Decided November 7, 1899PublishedCited by 21 opinions

Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. Appeal from judgment for defendant entered upon sustaining a' demurrer ore tenus to the complaint, which alleges that the defendant, at the city of Superior, on May 14,1898, in the presence of others, maliciously uttered of the plaintiff the words: “ Get out of here, you son of a bitch.

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Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. Appeal from judgment for defendant entered upon sustaining a' demurrer ore tenus to the complaint, which alleges that the defendant, at the city of Superior, on May 14,1898, in the presence of others, maliciously uttered of the plaintiff the words: “ Get out of here, you son of a bitch. I Imow you are nothing but a damned old bitch,” — and meant thereby that the plaintiff was a common whore and prostitute, had been and was guilty of the crime of adultery with different men, and was addicted to…

1Opinion of the CourtDodge, J.

There is abundant authority, as intimated in. Clute v. Clute, 101 Wis. 137, for the proposition that a word may have a local or cant meaning other than its gen .ral and accepted significance, and that if it be used and understood in such meaning, so that it does in fact charge the plaintiff with the commission of a crime, its use may be slander, as-much as the use of a word which, in proper significance, charges such crime. This rule, however, should be cautiously applied. The law is well settled, and based on the experience and wisdom of centuries, that an action of slander-ought not to be…

2Cases cited19 opinions

  1. Bradley v. CramerWisconsin Supreme Court · 1884
  2. Logan v. LoganIndiana Supreme Court · 1881
  3. Campbell v. CampbellWisconsin Supreme Court · 1882
  4. K v. HWisconsin Supreme Court · 1866
  5. Schurick v. KollmanIndiana Supreme Court · 1875

14 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Martin v. Outboard Marine Corp.Wisconsin Supreme Court · 1962
  2. Earley v. WinnWisconsin Supreme Court · 1906
  3. Leuch v. BergerWisconsin Supreme Court · 1915
  4. Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905
  5. Bauer v. MurphyCourt of Appeals of Wisconsin · 1995

16 more not listed; retrieve them via the Exa API.

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