Allen & Rocks, Inc. v. Dowell

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

The dispositive issue in this appeal is whether an action under the insulting words statute, Code § 8.01-45, 1 may be maintained absent proof that the insulting words were such as to “tend to violence and breach of the peace.” Since the plaintiff prevailed before the jury, we view the facts and reasonable inferences to be drawn therefrom in the light most favorable to him.

James F. Dowell, age 59, a long-time employee at will of Rocks Engineering Company was discharged without explanation by Ralph D. Rocks (Rocks), chairman of the boards…