Legal Opinion

M'Cauley v. Smith

Supreme Court of Pennsylvania

Decided March 15, 1805PublishedCited by 2 opinions

Motion to discharge the defendant on common bail. The action was brought for slanderous words, spoken of the plaintiff as an innkeeper. The words were, “ he robs the trav “ ellers’ horses of their oats, but charges the oats to the travel lers.” There was also a publication in the Aurora, on the same subject.

1Opinion of the Court

Per Cur.

Unless some special damage can be proved, or the *194] words spoken charge the defendant with a crime of *a gross nature, it is the course of the court uniformly, to discharge the defendant in slander, on common bail: and the defendant was discharged accordingly.

2Cited by2 opinions

  1. Girwood v. Carter, Pennsylvania Court of Common Pleas, Northampton County1934
  2. Scott v. Crum, Pennsylvania Court of Common Pleas, Dauphin County1860