Kennedy v. Gregory
Supreme Court of Pennsylvania
nPHIS cause was tried before Smith and Brackenridge, justices, at Nisi Prius in June 1803. It was an action on the case for a slander uttered by the defendant of and concerning the plaintiff in his business of school-master, “ that he loved li- “ quor,” and “ that he was given to drink,” per quod he lost his scholars. The pleas were not guilty and ju -tification.
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nPHIS cause was tried before Smith and Brackenridge, justices, at Nisi Prius in June 1803. It was an action on the case for a slander uttered by the defendant of and concerning the plaintiff in his business of school-master, “ that he loved li- “ quor,” and “ that he was given to drink,” per quod he lost his scholars. The pleas were not guilty and ju -tification. The evidence of the slander was the testimony of one Samuel Brewster, that on his asking the defendant if Kennedy was given to drink, he answered either “ it is so,” or “ they say it is so.” The counsel of the defendant then offered…
1Opinion of the Court
Ye ates J.
The material question to be considered in this case is whether evidence- proper in itself on the pleadings has been refused by the court on the trial.
From the statement of the evidence made by the presiding judge, it appears that Samuel Brewster one of the witnesses, on the defendant finding fault with the conduct of the plaintiff, •asked him whether he was given to intoxication. To which the defendant answered either that the plaintiff loved liquor, or it was said so. David Newport was offered to prove that he had told the defendant the plaintiff was addicted to drink; on which the…
2Cited by10 opinions
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- Treat v. BrowningSupreme Court of Connecticut · 1822
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