Shelton v. Simmons
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of slander, at the suit of the defendant in error. The words charged to have been spoken were, that the defendant had said of the plaintiff, he had been in the habit of stealing and killing his neighbors' hogs. The cause was heard on the pleas of “not guilty,” and “justification,” a verdict was returned for plaintiff, assessing his damages at one hundred dollars, and judgment was thereon rendered.
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Writ of Error to the Circuit Court of Mobile. This was an action of slander, at the suit of the defendant in error. The words charged to have been spoken were, that the defendant had said of the plaintiff, he had been in the habit of stealing and killing his neighbors' hogs. The cause was heard on the pleas of “not guilty,” and “justification,” a verdict was returned for plaintiff, assessing his damages at one hundred dollars, and judgment was thereon rendered. From a bill of exceptions sealed at the instance of the defendant, it appears that the defendant prayed the court to charge the jury,…
1Opinion of the CourtCollier, C. J.
The bill of exceptions does not show error in the ruling of the circuit court. It is perfectly well settled, that it does not devolve on the plaintiff, in an action *468of slander, charging words actionable in themselves, to adduce evidence of special damage, or that the defendant was influenced by malice in their utterance. These are implied from proof of the speaking of words, which entitle the plaintiff to damages. [8 Porter’s Rep. 486.] The absence of malice, it is true, should be taken into consideration by the jury, in estimating the extent of the injury to the plaintiff’s character; but…
2Cases cited1 opinion
- Bradley v. GibsonSupreme Court of Alabama · 1846
3Cited by9 opinions
- Lawson v. HicksSupreme Court of Alabama · 1862
- Fuller v. DeanSupreme Court of Alabama · 1858
- Pope v. Welsh's Adm'rSupreme Court of Alabama · 1851
- Comer v. Advertiser Co.Supreme Court of Alabama · 1911
- Tingle v. WorthingtonSupreme Court of Alabama · 1926
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