Petrie v. Rose
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. John G. Rose against William Petrie and Sarah his wife. This was an action of slander for the following words spoken by the wife to Jacob Richstein, “ because you keep such a bad man there, your brother-in-law John G. Rose; I believe he is a robber and a murderer, for any man that will rob would murder as soon as not.” The defendants pleaded not guilty.
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ERROR to the Common Pleas of Perry county. John G. Rose against William Petrie and Sarah his wife. This was an action of slander for the following words spoken by the wife to Jacob Richstein, “ because you keep such a bad man there, your brother-in-law John G. Rose; I believe he is a robber and a murderer, for any man that will rob would murder as soon as not.” The defendants pleaded not guilty. After the plaintiff had given evidence of the speaking of the words as laid in the declaration, the defendants offered to prove that Rose had just come from Philadelphia to Richstein’s; that he came…
1Opinion of the Court
*366The opinion of the Court was delivered by
Sergeant, J.
In slander the defendant may, for the purpose of mitigating the damages, show that the cause and occasion of uttering the words were circumstances of suspicion known by him, or circulated or acknowledged by the plaintiff, and communicated to the defendant; for these tend directly to excuse or extenuate the conduct of the party, and affect the amount of damages. But to permit evidence going to establish the truth of the words spoken would be settingup a defence of a different kind and more serious nature, and one which, by the established…
2Cases cited1 opinion
- Purple v. HortonNew York Supreme Court · 1834
3Cited by7 opinions
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- Chubb v. GsellSupreme Court of Pennsylvania · 1859
- Kay v. FredrigalSupreme Court of Pennsylvania · 1846
- Minesinger v. KerrSupreme Court of Pennsylvania · 1848
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