Legal Opinion

Shipp v. Patten

Court of Appeals of Kentucky

Decided May 22, 1906PublishedCited by 12 opinions

Case 8. — ACTION BY NELLIE PATTEN AGAINST H. C. SHIPP FOR SLANDER. — Appeal from Harrison Circuit Court. L. P. Fryer, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES CITED. 1. Petition not good on demurrer without showing special damages.

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Case 8. — ACTION BY NELLIE PATTEN AGAINST H. C. SHIPP FOR SLANDER. — Appeal from Harrison Circuit Court. L. P. Fryer, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES CITED. 1. Petition not good on demurrer without showing special damages. (Sharpe v. Bowlar, 19 R., page 2019; Monroe v. Davis, 26 R. p. 729; McCauly v. Elrol, 16 R. p. 293; Muid v. Rogers, 102 Ky. p. 280; Blackburn v. Clarke, 19 R., p. 659; Dodge v. Chivlery 23 R., page 549; Brown v. Piner, 6 Bush, page 518;'Hawn v. Smith, 4 B. Monroe, page 386; Sutherland on Damages, Vol. 4, page 3510, See. 1215;…

1Opinion of the Court

Opinion by

Judge Nunn

Reversing.

The appellee instituted this action against appellant, and charged that he willfully and maliciously uttered and published of and concerning her, in the presence and hearing of divers persons, these words: “Miss Nellie, when she was employed as a clerk in my store, dishonestly took away goods from the store that did not belong to her. I found in her grip a lot of goods that she had dishonestly taken from my store and put in the grip, and I accused her of dishonestly taking these goods, and she broke down and cried and begged me not to discharge her because it…

2Cases cited4 opinions

  1. Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
  2. Harper v. HarperCourt of Appeals of Kentucky · 1874
  3. Warmoth v. CommonwealthCourt of Appeals of Kentucky · 1883
  4. Rooney v. TierneyCourt of Appeals of Kentucky · 1884

3Cited by12 opinions

  1. Gibson v. St. Paul Fire & Marine InsuranceWest Virginia Supreme Court · 1936
  2. State v. KeelenOregon Supreme Court · 1922
  3. Birgbauer v. &198tna Casualty, Etc., Co.Michigan Supreme Court · 1930
  4. Edwards v. KevilCourt of Appeals of Kentucky · 1909
  5. Weinstein v. RhorerCourt of Appeals of Kentucky (pre-1976) · 1931

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