Simon v. London Guarantee & Accident Co.

This is a suit on an alleged libel consisting of matter stated by defendant in his pleadings and briefs to this court in another action. The plaintiff sued defendant in a former action under the employers’ liability act, alleging that plaintiff at the time of the injury was an able-bodied .man. Defendant in answer to this allegation alleged that plaintiff prior to the injury was suffering with gonorrhea and syphilis. Plaintiff makes claim for damages by reason of. this allegation, claiming it was false, spurious, gratuitous, and not a matter material to the defense. The trial judge held that…