Dinslor v. Fresh
Court of Appeals of Kentucky
APPEAL PROM BRACKEN CIROUIT COURT. The words spoken by defendant and sued on as slanderous, by the plaintiff are as follows, to wit: “Mary Fresh, you are a whore; a bad woman.” Then to John Fresh, husband of Mary Fresh, defendant said: “Your wife cuts herself in the finger, when she was Brown’s wife, and before you, Fresh, married her; you, Fresh, understand what I meañ, Brown had to get a doctor to cure ber twice.”
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APPEAL PROM BRACKEN CIROUIT COURT. The words spoken by defendant and sued on as slanderous, by the plaintiff are as follows, to wit: “Mary Fresh, you are a whore; a bad woman.” Then to John Fresh, husband of Mary Fresh, defendant said: “Your wife cuts herself in the finger, when she was Brown’s wife, and before you, Fresh, married her; you, Fresh, understand what I meañ, Brown had to get a doctor to cure ber twice.” Defendant tben langbed and said: “You, Fresh, understand that.” All being spoken in the presence of several other parties. Testimony was alleged to have been discovered, after the…
1Opinion of the Court
OPINION OP the Coubt by
Judge Robebtson :
If the appellant, by diligent inquiry and careful scrutiny, might have ascertained before the trial that the appellee, Mary Fresh, was then pregnant, it might have been difficult, and probably impossible, to know that she had been impregnated before marriage. The subsequent birth of her child and its apparent age were necessary to lay a foundation for a safe judgment on that point. And therefore, although he appears to have been very negligent, yet, had he been more diligent, he might not have been able to make any proof of her conception before…
2Cited by2 opinions
- Engleman v. Caldwell and JonesCourt of Appeals of Kentucky (pre-1976) · 1932
- Mullins v. MutterCourt of Appeals of Kentucky (pre-1976) · 1941