Chubb v. Gsell
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of slander by John Gsell against Samuel Chubb, in which the declaration alleged that the defendant had charged the plaintiff with the larceny of a whip, the property of the defendant. To which the defendant pleaded “Not guilty.”
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Error to the Common Pleas of Dauphin county. This was an action of slander by John Gsell against Samuel Chubb, in which the declaration alleged that the defendant had charged the plaintiff with the larceny of a whip, the property of the defendant. To which the defendant pleaded “Not guilty.” After the plaintiff had substantially proved the words as laid in the declaration, the defendant made the following offer:— To prove, that at the time of the alleged speaking of the words laid in the plaintiff’s declaration, the plaintiff and defendant had a dispute and quarrel in reference to a whip, and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
In an action of trespass upon the case for slander, a plaintiff is allowed to insist upon more than compensation. The objects of the action are not only to recover damages for injury done to the plaintiff’s reputation, but to punish the defendant for indulgence of his malice. It is obvious, that the actual injury sustained by the plaintiff, is neither magnified nor diminished by a greater or less degree of malice in the defendant. Yet a plaintiff has always been permitted to adduce evidence of malice beyond that which the slanderous words…
2Cases cited1 opinion
- Petrie v. RoseSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1971
- Davis v. HearstCalifornia Supreme Court · 1911
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Robert Golden, Attorney-In-Fact for Leah Golden Donald Earwood, of the Estate of Helen Earwood v. David S. Golden Darlene KoposkoCourt of Appeals for the Third Circuit · 2004
- Massee v. WilliamsCourt of Appeals for the Sixth Circuit · 1913
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