Long v. Eakle
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. This was an action of slander, by the appellant against the appellee. The declaration charges the defendant with maliciously speaking of the plaintiff these words: “Ben Long stole Ben Lancaster’s old sow, and drove her away in the night, and it can be proved.” Plea, non cul. Exception. The plaintiff proved by Wm.
Read the full summary
Appeal from the Circuit Court for Washington county. This was an action of slander, by the appellant against the appellee. The declaration charges the defendant with maliciously speaking of the plaintiff these words: “Ben Long stole Ben Lancaster’s old sow, and drove her away in the night, and it can be proved.” Plea, non cul. Exception. The plaintiff proved by Wm. Heritage, a competent witness, the speaking of the words substantially as charged, and being twice cross-examined as to whether defendant did not speak them in jest, witness replied, “he spoke them seriously — his manner was…
1Opinion of the Court
Eccleston, J.,.
delivered the opinion of this court.
The evidence having been given as stated in the bill of exceptions, the plaintiff asked the court to instruct the jury, that if they believed the defendant used the language “so proven” by the witness, William Heritage, the words laid in the declaration were sufficiently supported, and their verdict must be for the plaintiff.
And also, that if the jury believed the defendant said of the plaintiff, that he, Ben Long, had stolen Ben Lancaster’s old sow, and went there and took her away in the night, then such words were actionable per se, and…
2Cited by12 opinions
- Metromedia, Inc. v. HillmanCourt of Appeals of Maryland · 1979
- American Stores Co. v. ByrdCourt of Appeals of Maryland · 1962
- Greenbelt Cooperative Publishing Ass'n v. BreslerCourt of Appeals of Maryland · 1970
- Hagan v. HendryCourt of Appeals of Maryland · 1862
- O'Neal v. Board of School CommissionersCourt of Appeals of Maryland · 1867
7 more not listed; retrieve them via the Exa API.