Lukehart v. Byerly
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county. In the court below this was an action of slander, commenced January 27th 1864, by David Byerly against John C. Lukehart; the defendant pleaded 44 not guilty.” There were four counts,in the declaration.
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Error to the Court of Common Pleas of Armstrong county. In the court below this was an action of slander, commenced January 27th 1864, by David Byerly against John C. Lukehart; the defendant pleaded 44 not guilty.” There were four counts,in the declaration. The 1st charged that the defendant spoke certain 44 defamatory words, in substance as follows, to wit: that the said David Byerly had 4 taken apples,’ or had 4 stolen apples,’ or had 4 taken apples without asking for them,’ or words to that effect, and, in substance, that the plaintiff had committed larceny.” The 2d charged the speaking “…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
After considerable reflection on the subject, we have come to the conclusion that the words as laid in the three first counts are not actionable in themselves, and there being no colloquium to connect them with extrinsic circumstances, they are not helped by the innuendo of larceny. Words are actionable in themselves only where an offence is imputed by them for which the party is liable to indictment and punishment either at common law or by statute.
The words in the 1st count are that the said David Byerly had “ taken apples,” or had “…
2Cases cited4 opinions
- Rodebaugh v. SanksSupreme Court of Pennsylvania · 1833
- Kennedy v. LowrySupreme Court of Pennsylvania · 1808
- Long v. BrougherSupreme Court of Pennsylvania · 1836
- Tipton v. KahleSupreme Court of Pennsylvania · 1834
3Cited by8 opinions
- Williams v. Kroger Grocery & Baking Co.Supreme Court of Pennsylvania · 1939
- Itri v. LewisSuperior Court of Pennsylvania · 1980
- Leitz v. HohmanSuperior Court of Pennsylvania · 1901
- Davis v. CareySupreme Court of Pennsylvania · 1891
- State v. ConklinOregon Supreme Court · 1906
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