Ling v. Whittemore

The plantiff in error, who will be herein referred to as Ling, seeks review and reversal of a judgment of the district court entered upon a jury verdict awarding defendant in error, who was plaintiff in the district court and who will be herein referred to as Whittemore, $3,000.00 of which $1,500.00 was actual and $1,500.00 exemplary damages. The claim was in defamation and originally alleged that the defendant had perpetrated the defamation by a writing. This theory was changed at the trial and the case was submitted to the jury on the plaintiff’s theory that the defendant had slandered him.…