Legal Opinion

McAtee v. Valandingham

Missouri Court of Appeals

Decided April 29, 1898PublishedCited by 3 opinions

Appeal from the Marion Circuit Court. — Hon. Reuben E. Roy, Judge. The words charged to have been spoken constitute no slander. They are not slanderous and could not be so construed, except by a morbid imagination, one that concluded no young woman could be chaste who would read a work , that treated on sexual subjects. If giving the book referred to to a young lady was slanderous, then it is slanderous to handle half of the current literature of the day.

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Appeal from the Marion Circuit Court. — Hon. Reuben E. Roy, Judge. The words charged to have been spoken constitute no slander. They are not slanderous and could not be so construed, except by a morbid imagination, one that concluded no young woman could be chaste who would read a work , that treated on sexual subjects. If giving the book referred to to a young lady was slanderous, then it is slanderous to handle half of the current literature of the day. There was no charge of immorality or unchastity in the words spoken or the act done, but only in the imagination of the hearer, honi soil…

1Opinion of the Court

Bland, P. J. —

*47Statement *46The amended petition upon which the case was tided stated in substance that at a time *47when she was engaged as a teacher of school, district number 4, township 58, range 8, in Marion county, the defendant was a young unmarried man residing with his parents in said district, and that within three months of the time before the commission of the grievances complained of he had frequently visited plaintiff and had escorted her on divers occasions to church and social gatherings in the neighborhood and was assiduous in his attentions to the plaintiff; that on June 23, 1895,…

2Cases cited7 opinions

  1. Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
  2. Tyler v. HallSupreme Court of Missouri · 1891
  3. Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
  4. State v. McKinzieSupreme Court of Missouri · 1890
  5. Rammell v. OtisSupreme Court of Missouri · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Reynolds v. Publishers: George Knapp & Co.Missouri Court of Appeals · 1911
  2. Palmer v. Kinloch Telephone Co.Missouri Court of Appeals · 1901
  3. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910

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