Smith v. Fielden

delivered tlie opinion of the Court.

Edward B. Smith, hereinafter called plaintiff, sued Carl R. Fielden, hereinafter called defendant, for damages in an action of slander. The declaration was dismissed on demurrer and hence the appeal directly to this Court.

The declaration as amended contains the following two paragraphs:

“1. The plaintiff sues the defendant for Fifteen Thousand ($15,000) as damages for falsely and maliciously charging the plaintiff with drunkenness and with driving an automobile while under the influence of an intoxicant, by speaking of and concerning him in the presence of…