Kean v. M'Laughlin
Supreme Court of Pennsylvania
In Ebsoe. ERROR to the Common Pleas of Westmorland county, in an action of slander, in which McLaughlin, the defendant in error, was plaintiff below.
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In Ebsoe. ERROR to the Common Pleas of Westmorland county, in an action of slander, in which McLaughlin, the defendant in error, was plaintiff below. One George 'layhr having brought an action, against Kean, the defendant in this suit, before a justice of the peace, the plaintiff who was subpoenaed as a witness, gave his testimony on oath, against the defendant, As soon as the plaintiff had finished his testimony, the defendant turned towards him and said, « you have sworn a « manifest lie.” The speaking of these words was the cause of action in this suit. The plaintiff proved the words, and…
1Opinion of the Court
Tilghman C. J.
The only question is, whether the words were actionable : because if they were, it was proper to admit evidence of the same words spoken since the action was brought, in order to increase the damages as was decided by this Court in the case of Wallis v. Mease. 3 Binn. 546.
In all judicial proceedings the parties are permitted to speak freely, and if they should even make use of harsh ex*471pressions they will not be liable to an action, although the same words spoken on another occasion would be actionable. But this privilege is not to be abused, nor is a party permitted to utter…
2Cases cited1 opinion
- Wallis v. MeaseSupreme Court of Pennsylvania · 1811
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