Langdon v. Shearer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Shearer, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of April, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling his demurrer to the plaintiff’s complaint.
1Opinion of the Court
Hatch, J.:
The action is slander, and the words averred as having been spoken are not actionable per se; consequently the special damage arising *608from .the use of the words must be averred in the complaint and proved upon the trial. (Bassell v. Elmore, 48 N. Y. 561.) The words used are not actionable unless the special damage be the immediate and legal consequence of the words spoken, and injury must result of a pecuniary character. The averment, therefore, must-specially allege wherein and how the plaintiff has suffered damage. The averment of the coni plaint in the present action is so…
2Cases cited3 opinions
- Hallock v. MillerNew York Supreme Court · 1848
- Bassell v. . ElmoreNew York Court of Appeals · 1872
- Lewis v. WilliamsThe Superior Court of New York City · 1829
3Cited by9 opinions
- King v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1903
- Bosi v. New York Herald Co.New York Supreme Court · 1901
- Town Topics Publishing Co. v. CollierAppellate Division of the Supreme Court of the State of New York · 1906
- Hume v. KuscheNew York Supreme Court · 1904
- Fagan v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1908
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