Legal Opinion

Shaw v. Killingsworth

Supreme Court of Alabama

Decided November 5, 1925No. 5 Div. 921Published

1Opinion of the Court

GARDNER, X

In this suit appellant seeks to recover damages of appellee for an alleged slander, and the sufficiency of the complaint as stating a cause of action is the only question here presented. There are no averments of special damages or any injury to the plaintiff in his trade, employment, or profession, and the sole matter for determination is whether or not the words alleged to have been used by defendant are actionable per se. The words charged to have been spoken by defendant of plaintiff were that plaintiff “blew np a dipping vat.” Section 3879, Gode 1923, provides that—

“Any person…

2Cases cited4 opinions

  1. Dudley v. HornSupreme Court of Alabama · 1852
  2. Heath v. DevaughnSupreme Court of Alabama · 1861
  3. Hillhouse v. PeckSupreme Court of Alabama · 1832
  4. Johnston v. MorrowSupreme Court of Alabama · 1839

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