Legal Opinion

Lucas v. Flinn

Supreme Court of Iowa

Decided September 17, 1872PublishedCited by 13 opinions

Appeal from Delaware Circuit Gou/rt. Action to recover damages for injuries sustained by plaintiff, on account of an assault and battery committed by defendant upon the body of plaintiff.

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Appeal from Delaware Circuit Gou/rt. Action to recover damages for injuries sustained by plaintiff, on account of an assault and battery committed by defendant upon the body of plaintiff. The answer denies the allegations of the petition, and also sets up certain abusive language used by plaintiff toward defendant, whereby he was provoked to commit the assault, and the further fact that, upon complaint of plaintiff, he was arrested and fined by a justice of the peace for the offense of assault and battery, being the same acts for which recovery is sought in this case. These matters are…

1Opinion of the CourtBeck, J.

i. slander: words actionable per se. I. We will notice the objections made by the defendant in the order they are presented in the argument of his counsel: I. In one count of defendant’s , . ,. . , , , answer, plaintiff is charged with speaking the following slanderous words, namely: “You are a cheat and a swindler, and you defrauded me.” These words, it is averred, were spoken of defendant. No special damages are alleged on account thereof. A demurrer to this count, on the ground that the. words are not actionable per se, was sustained. This ruling is made the first ground of objection. If…

2Cases cited1 opinion

  1. Estes v. CarterSupreme Court of Iowa · 1860

3Cited by13 opinions

  1. Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
  2. Miranda v. SaidSupreme Court of Iowa · 2013
  3. Browning v. GosnellSupreme Court of Iowa · 1894
  4. Yakavicze v. ValentukeviciousSupreme Court of Connecticut · 1911
  5. City of Oklahoma City v. HillSupreme Court of Oklahoma · 1896

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