Gurtler v. Union Parts Manufacturing Co.

This is a motion to dismiss the complaint for legal insufficiency pursuant to rule 106 of the Buies of Civil Practice.

The action is for slander. The core of the question is whether a false charge that one is a communist is slanderous per se. The complaint alleges in substance that the defendant, through its president, falsely accused the plaintiff of being a communist. It is claimed that the defamation occurred in the presence of other employees at the defendant’s place of business, where for twelve years plaintiff was chief engineer.

*803In actions for defamation greater latitude is permitted in…