Walker v. White
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. W. S. G. Walker, Judge. The third instruction offered by the plaintiff and given by the court is erroneous, because it authorizes a verdict for the plaintiff, on the mere finding that defendant uttered the words of and concerning the plaintiff, without regard to the fact as to whether'they were published, that is, spoken' in the presence of and heard and understood by others. There can be no slander without publication of the words.
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Appeal from Stoddard Circuit Court. — Hon. W. S. G. Walker, Judge. The third instruction offered by the plaintiff and given by the court is erroneous, because it authorizes a verdict for the plaintiff, on the mere finding that defendant uttered the words of and concerning the plaintiff, without regard to the fact as to whether'they were published, that is, spoken' in the presence of and heard and understood by others. There can be no slander without publication of the words. They must be heard and understood by third parties. There must be a publication of and speaking of the words in the…
1Opinion of the Court
NORTONI, J. —
This is a suit for damages said to have accrued on account of an alleged slander. Plaintiff recovered and defendant prosecutes the appeal.
A controversy arose between plaintiff and defend: ant, who reside in the same neighborhood, over the *16matter of defendant’s taking up some cattle owned by plaintiff’s husband. It appears that plaintiff, Mrs. Walker, and Mrs. Traylor were about defendant’s lot where the cattle were impounded, when defendant approached in a threatening manner. Defendant, Mrs. Mary E. White, forbade plaintiff’s taking the cattle from the lot and, it is said, spoke…
2Cases cited5 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Traylor v. WhiteMissouri Court of Appeals · 1914
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
3Cited by11 opinions
- Hedgepeth Ex Rel. Hedgepeth v. ColemanSupreme Court of North Carolina · 1922
- Starnes v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1932
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Boyce v. WheelerMissouri Court of Appeals · 1917
- Frazier v. GrobMissouri Court of Appeals · 1916
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