Pease v. Shippen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term, 1874. This was an action on the case for slander, brought August 31st 1872; by Nial Pease against Evans W. Shippen. The declaration contained three counts.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term, 1874. This was an action on the case for slander, brought August 31st 1872; by Nial Pease against Evans W. Shippen. The declaration contained three counts. In the first, the words alleged to have been spoken were: “ This road was laid when you were in the penitentiary;” in the second, “You were in the penitentiary of Massachusetts;” in the third, “You are a perjured rascal, and have been in the penitentiary.” The plea was, “ Not guilty.” The case was tried December 17th 1873, before Lowrie, P. J. The…
1Opinion of the CourtJustice Williams
The question presented by this record has been variously decided by -the English and American courts, and the decisions of the same court have not always been uniform and consistent. In England, and in some of the United States courts, it has been held that, under the general issue, in slander, the defendant may prove, in mitigation of damages, that when the words were uttered a general rumor or report existed in the neighborhood that the plaintiff was guilty of the offence charged: Earl of Leicester v. Walter, 2 Campbell 281; 1 M. & S. 284; Wetherton v. Marsh, 20 N. H. 561; Care v. Marks, 20…
2Cases cited9 opinions
- Wolcott v. HallMassachusetts Supreme Judicial Court · 1810
- Mapes v. WeeksNew York Supreme Court · 1830
- Fuller v. DeanSupreme Court of Alabama · 1858
- Beehler v. SteeverSupreme Court of Pennsylvania · 1837
- Matson v. BuckNew York Supreme Court · 1826
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3Cited by7 opinions
- Bausewine v. Norristown Herald, Inc.Supreme Court of Pennsylvania · 1945
- Clark v. North American Co.Supreme Court of Pennsylvania · 1902
- Wallace v. Homestead Co.Supreme Court of Iowa · 1902
- Frisk v. News Co.Supreme Court of Pennsylvania · 1986
- Leitz v. HohmanSuperior Court of Pennsylvania · 1901
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