Friedlander v. Rapley
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to a declaration for slander and assault, and, the plaintiff electing not to amend, dismissing the suit. The Court in the opinion stated the facts as follows: This is an action by Harry Friedlander for damages for slander and assault, in a declaration containing four counts.
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Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to a declaration for slander and assault, and, the plaintiff electing not to amend, dismissing the suit. The Court in the opinion stated the facts as follows: This is an action by Harry Friedlander for damages for slander and assault, in a declaration containing four counts. Count 1 charges, in substance, that defendant, William H. Kapley, was on December 9th, 1910, conducting the National Theater in the city of Washington. That one Fowler was defendant’s treasurer and…
1Opinion of the CourtChief Justice Shepard
1. The first count of the declaration is founded on the alleged defamatory words spoken in the presence of others, and counts 2 and 3, although the word “assaulted” is used in the introduction of the defamatory words, are but other forms of stating the same cause of action.
There seems to be a recognized distinction between false words spoken and those written, in respect of their constituting a ground of action per se. Pollard v. Lyon, 91 U. S. 225— 228, 23 L. ed. 308-311; Odgers, Libel & Slander, p. 3; Townshend, Slander & Libel, p. 221. However this may be, words falsely spoken of another…
2Cited by5 opinions
- Washington Annapolis Hotel Co. v. RiddleCourt of Appeals for the D.C. Circuit · 1948
- White v. Central Dispensary and Emergency HospitalCourt of Appeals for the D.C. Circuit · 1938
- Harmon v. LissDistrict of Columbia Court of Appeals · 1955
- Baldi v. NimzakDistrict of Columbia Court of Appeals · 1960
- Waymire v. DehavenSupreme Court of Arkansas · 1993