Kersting v. White
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — IIon. John W. McElhinney, Judge. (1) The petition on which this case was tried neither stated nor asked any punitive damages, and only compensatory or actual damages could be awarded had it have been shown that defendant spoke the alleged slanderous words. R. S. 1899, sec. 574, p. 251; Berry-man v. Cox, 73 Mo.
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Appeal from St. Louis Circuit Court. — IIon. John W. McElhinney, Judge. (1) The petition on which this case was tried neither stated nor asked any punitive damages, and only compensatory or actual damages could be awarded had it have been shown that defendant spoke the alleged slanderous words. R. S. 1899, sec. 574, p. 251; Berry-man v. Cox, 73 Mo. App. 72. (2) The compensatory damages must be the natural and necessary consequence of the speaking of the alleged slanderous words. Newell on Def. Sian, and Libel (1 Ed.), 926. (3) The answer put in evidence by plaintiff constituted a complete…
1Opinion of the CourtBland, P. J.
(after stating the facts). — This instruction for nonsuit raises the question whether or not plaintiff, by reading the whole of defendant’s three answers as evidence in the case, proved herself out of court by offering evidence tending to show that the communication she complains of was qualifiedly a privileged one and by failing to prove actual malice in its publication. These answers tend to show that Elms, Henry and the defendant were members of a religious society banded together for the purpose of conducting religious and moral teaching and exercises; that complaint had been made to the…
2Cases cited10 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Byam v. . CollinsNew York Court of Appeals · 1888
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Marks v. BakerSupreme Court of Minnesota · 1881
- Bristol v. WarnerSupreme Court of Connecticut · 1848
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3Cited by20 opinions
- Abraham v. BaldwinSupreme Court of Florida · 1906
- Hester v. BarnettMissouri Court of Appeals · 1987
- Bishop v. . New York Times Co.New York Court of Appeals · 1922
- Warren v. Pulitzer Publishing Co.Supreme Court of Missouri · 1934
- Wayne Works v. Hicks Body Co.Indiana Court of Appeals · 1944
15 more not listed; retrieve them via the Exa API.