Rayner v. Kinney
Ohio Supreme Court
Error to the court of common pleas of Perry county. Reserved in the district court. Jacob Kinney, the defendant in error, commenced an action for slander against William Rayner, the plaintiff in error, in the court of common pleas of Perry county, alleging in his petition that Rayner had spoken certain words of Kinney which imputed to him the crime of perjury. Rayner answered, not denying the speaking of the words, but, in justification, averring their truth.
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Error to the court of common pleas of Perry county. Reserved in the district court. Jacob Kinney, the defendant in error, commenced an action for slander against William Rayner, the plaintiff in error, in the court of common pleas of Perry county, alleging in his petition that Rayner had spoken certain words of Kinney which imputed to him the crime of perjury. Rayner answered, not denying the speaking of the words, but, in justification, averring their truth. Kinney replied, denying the statements contained in the answer. The cause was tried to a jury, and a verdict for $600, and judgment…
1Opinion of the CourtWilder, J.
Several errors are assigned upon the record, but as the first, which alleges error “ in the instructions of the court of common pleas to the jury on the trial of the action,” raises the question upon which, only, the decision of the case depends, it is deemed unnecessary to notice the others.
The court below having correctly stated to the jury, that in actions for slander, there were three kinds of damages, and having fairly explained to them, what were nominal and what compensatory damages, proceeded as follows :
“ The third class is called exemplary damages. But spreading a plea of the truth…
2Cases cited2 opinions
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Dewit v. GreenfieldOhio Supreme Court · 1831