Kelley v. Flaherty
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was slander. After verdict for the plaintiff in the Court of Common Pleas, the defendant moved to arrest judgment because the declaration did not set out any cause of action. The motion was dismissed and the defendant excepted.
1Opinion of the CourtDurfee, C. J.
The defamatory words alleged to have been spoken of the plaintiff are the following, to wit: “ You are a bitch and a whore. You visit the Halfway House and got your dress there.” The motion in arrest raises the question whether the words are actionable per se, no special damages being alleged. The innuendo added in the declaration is, “ meaning and intending to charge said plaintiff with fornication and adultery, and with obtaining a dress by illicit intercourse at the Halfway Plouse.” We think, however, that, as there is no inducement or prefatory averments in the declaration, the words…
2Cases cited4 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
- Hoag v. HatchSupreme Court of Connecticut · 1855
- Cleveland v. DetweilerSupreme Court of Iowa · 1865
- Patterson v. WilkinsonSupreme Judicial Court of Maine · 1867
3Cited by5 opinions
- Layne v. Tribune Co.Supreme Court of Florida · 1933
- Powers v. CarvalhoSupreme Court of Rhode Island · 1977
- Hall v. HeaveyNew Jersey Superior Court Appellate Division · 1984
- Lemoine, Et Vir v. SpicerSupreme Court of Florida · 1941
- Barrett v. BarrettSupreme Court of Rhode Island · 1970