Kroger Grocery & Baking Co. v. Rosenbaum

This action was brought by the plaintiff, D. R. Rosenbaum, against the defendant, The Kroger Grocery and Baking Company, a corporation, under the following provision of section 5781 of the Code: “All words which from their usual construction and common acceptation, are con*160strued as insults and tend to violence and breach of the peace, shall be actionable. No demurrer shall preclude a jury from passing thereon.”

There was a trial by a jury which resulted in a verdict and judgment in favor of the plaintiff, in the sum of $10,000, and this writ of error brings that judgment before us for review.…