Livingston v. Reich
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., Oct. T.,. 1909, No. 299, on verdict for plaintiff in case of Cora M. Livingston v. David Reich. Trespass for slander. Before Carnahan, J. From the record it appeared that in 1909, the defendant was a dealer in fruits and vegetables, occupying a stand in the Pittsburg Market House.
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Appeal, No. 129, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., Oct. T.,. 1909, No. 299, on verdict for plaintiff in case of Cora M. Livingston v. David Reich. Trespass for slander. Before Carnahan, J. From the record it appeared that in 1909, the defendant was a dealer in fruits and vegetables, occupying a stand in the Pittsburg Market House. On July 10, 1909, plaintiff went to defendant’s stand and purchased a basket of cherries from a boy in charge of the stand for forty cents. The defendant at this point came up and insisted that the price was fifty cents. Plaintiff…
1Opinion of the Court
Per Curiam,
A plea of justification in an action of slander for words charging the plaintiff with larceny is sustained by proof of the truth of the charge, but not by proof of the defendant’s belief that it was true, nor, for a stronger reason, by proof of the defendant’s belief merely that the plaintiff took the goods tortiously. It necessarily follows that the defendant’s points could not be affirmed upon the ground that the facts therein alleged constitute legal justification. Nor could they be affirmed upon the ground that the defendant’s belief that the plaintiff was going away from his…
2Cases cited1 opinion
- Pennsylvania Railroad v. Donora Southern RailroadSupreme Court of Pennsylvania · 1908
3Cited by1 opinion
- Diehl v. EllisSuperior Court of Pennsylvania · 1917