Yager v. Bruce
Missouri Court of Appeals
Appeal from Audrain Circuit Court — Non. Jmnes D. BarnettJudge. (1) It was error to instruct the jury that they might take into consideration the falsity of the defense as an aggravation of damages. Browning y. Powers (Mo.), 38 S. W. 943; Kansas City Star Co1. y. Carlisle, 108 Fed. 344, 47 C. O. A. 384. Upton v. Hume, 34 Ore. 420; Upton v. Hume, 21 L. R. A. 493; Sloan v. Petrie, 15 111. 425; Kennedy v. Houghtaling', 37 Mich. 41; Ward y. Dicko, 47 Conn. 300, 36 Am.
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Appeal from Audrain Circuit Court — Non. Jmnes D. BarnettJudge. (1) It was error to instruct the jury that they might take into consideration the falsity of the defense as an aggravation of damages. Browning y. Powers (Mo.), 38 S. W. 943; Kansas City Star Co1. y. Carlisle, 108 Fed. 344, 47 C. O. A. 384. Upton v. Hume, 34 Ore. 420; Upton v. Hume, 21 L. R. A. 493; Sloan v. Petrie, 15 111. 425; Kennedy v. Houghtaling', 37 Mich. 41; Ward y. Dicko, 47 Conn. 300, 36 Am. Rep. 75; Odgers, Libel & Slanders, sec. 274. Bliss on Code Pleading (2 Ed.), sec. 360; 18 Am. & Eng. Ency. of L. (2 Ed.), p. 1104;…
1Opinion of the CourtGoode, J.
Plaintiff obtained judgment, against the defendant for a slander on a verdict awarding $200 actual damages and $800 punitive. The slander alleged was that defendant, on April 5, 1904, in speaking of the plaintiff, who was at that time seeking the Democratic nomination for assessor of Audrain County, said that any man who voted for plaintiff would vote for a “thief,” and further that plaintiff was a “thief,” a profane epithet being prefixed to the word. Besides denying that he spoke the slanderous words, defendant justified by averring their truth and in support of the averment charged…
2Cases cited32 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Bush v. . ProsserNew York Court of Appeals · 1854
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Upton v. HumeOregon Supreme Court · 1893
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3Cited by10 opinions
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
- MacFadden's Publications, Inc. v. HardyCourt of Appeals of Texas · 1936
- Kleinschmidt v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1942
- De Van Rose v. TholbornMissouri Court of Appeals · 1911
- Radford v. HortonMissouri Court of Appeals · 1921
5 more not listed; retrieve them via the Exa API.