Johnson v. Brown
New York Supreme Court
1 rri-IIS was an action for slander. The words charged JL and proved, to have been spoken by the defendant were, in substance, that the plaintiff, prior to her marriage, had become pregnant and had gone to a physician and had the child doctored away; the proof showing these words to have been first spoken in Jnly, 1866, and in May, 1868, repeated, accompanied by the defendant’s assertion that he “could prove it,” and that “if it was not so, the plaintiff would take it up;”…
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1 rri-IIS was an action for slander. The words charged JL and proved, to have been spoken by the defendant were, in substance, that the plaintiff, prior to her marriage, had become pregnant and had gone to a physician and had the child doctored away; the proof showing these words to have been first spoken in Jnly, 1866, and in May, 1868, repeated, accompanied by the defendant’s assertion that he “could prove it,” and that “if it was not so, the plaintiff would take it up;” or with the question, “if it is not so, why don’t she take it up ?” Repeated also, in substance, on other occasions,…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff was properly allowed to amend her complaint upon the trial, by enlarging her claim for damages. This did not in any respect alter the cause of action stated therein, or change the substantial rights of the parties as they existed previously. Its only effect was to enable the plaintiff to recover whatever damage she might establish by her proof, beyond what had been previously claimed. It was clearly a matter resting in the discretion of the justice at the trial, and no exception will lie to the exercise of such discretion. (Vibbard v. Roderick, 51 Barb.…
2Cases cited3 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Howard v. . SextonNew York Court of Appeals · 1850
- Vibbard v. RoderickNew York Supreme Court · 1868
3Cited by6 opinions
- Prewitt v. WilsonSupreme Court of Iowa · 1905
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Shields v. Orr Extension Ditch Co.Nevada Supreme Court · 1897
- Bassell v. . ElmoreNew York Court of Appeals · 1872
- Burkan v. Musical Courier Co.New York Supreme Court · 1910
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