Minesinger v. Kerr
Supreme Court of Pennsylvania
In error from the Common Pleas of Beaver. Case for slander, in charging the plaintiff with larceny. Plea, not guilty. The defendant offered to prove, in mitigation of damages, and not as a justification, that he had certain boards in the river, which plaintiff took, for the purpose of showing the circumstances under which he used the words in making the charge before a justice. This was rejected and assigned for error.
1Opinion of the CourtBell, J.
The line drawn between competent and incompetent evidence, under the general issue in actions of slander, is sometimes not very distinct, nor has it been unwavering. It would be a vain task to attempt a reconciliation of the numerous cases on this subject. But I think a safe and reasonable rule, in relation to the point in dispute here, may be extracted from the modern decisions, which, prohibiting covert attempts to prove the imputed guilt of the plaintiff, yet permits the defendant to show he had some reason, though founded in mistake, to believe the charge well founded. Formerly, it would…
2Cases cited2 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Petrie v. RoseSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Bocchicchio v. Curtis Publishing Co.District Court, E.D. Pennsylvania · 1962
- Egan v. Dubois Printing & Publishing Co.Superior Court of Pennsylvania · 1916