Everhart v. Bryson
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. J. D. Barnett, Judge. (1) The court erred in refusing to give the jury the peremptory instruction asked by plaintiff. The answer admits the slander and does not plead the truth, and defendant admits the slander. In these circumstances the only question open is the amount of damages.
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Appeal from Audrain Circuit Court. — Hon. J. D. Barnett, Judge. (1) The court erred in refusing to give the jury the peremptory instruction asked by plaintiff. The answer admits the slander and does not plead the truth, and defendant admits the slander. In these circumstances the only question open is the amount of damages. Mitchell v. Bradstreet, 116 Mo. 226. (2) The court erred in sustaining the objection to the question asked of witness Pool, what he understood by the words spoken of plaintiff by defendant. The hearer’s understanding of the alleged slander is competent. Julian v. Star, 209…
1Opinion of the CourtFerriss, J.
Action for slander upon the following petition:
“Plaintiff for his cause of action states that the defendant, on or about the 26th day of March, 1907, *513at the city of Centralia, in the State of Missouri, wilfully, wantonly and maliciously spoke of and concerning the plaintiff certain false, defamatory and slanderous words, to-wit: ‘Everhart (meaning the plaintiff) and a negro, Snell (meaning one Jam.es Snell), a negro man, ran off together once on money obtained by a forged check.’ And said words were spoken in the hearing and presence of third parties; and by said words the said defendant did…
2Cases cited4 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
- Bealey v. Blake's AdministratorMissouri Court of Appeals · 1897
- Eagan v. MartinMissouri Court of Appeals · 1899
3Cited by17 opinions
- Fawkes v. National Refining Co.Supreme Court of Missouri · 1937
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- John Deere Plow Co. v. CooperMissouri Court of Appeals · 1936
- Wissmann v. PearlineMissouri Court of Appeals · 1940
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