Irwin v. Cook
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Hat. M. Burford. This was a suit brought by William Irwin against John C. Cook, for an alleged slander by the defendant, of the plaintiff, in which $10,000 was claimed as damages. The petition alleged, as the cause of action, that the defendant had charged the plaintiff with perjury; no special damages were alleged, and the claim for damages was general.
Read the full summary
Appeal from Dallas. Tried below before the Hon. Hat. M. Burford. This was a suit brought by William Irwin against John C. Cook, for an alleged slander by the defendant, of the plaintiff, in which $10,000 was claimed as damages. The petition alleged, as the cause of action, that the defendant had charged the plaintiff with perjury; no special damages were alleged, and the claim for damages was general. The facts proved on the trial were, that the plaintiff had been a witness in a case before a justice of the peace, in which the defendant was a party; and that after the trial, the defendant, on…
1Opinion of the CourtWheeler, C. J.
The jury found for the plaintiff, and gave nominal damages only, and the question is, whether the court erred in refusing a new trial.
No special damages were alleged; and under the plaintiff’s allegations, no evidence of special damages was admissible, or was offered. The plaintiff relied for a recovery, solely on the legal inference of damage, arising from the use of words, actionable in themselves. The common law, as a general rule, only gives actual compensation, in cases of actual injury. But this proposition is subject to modification in certain cases, where nominal damages are given,…
2Cases cited1 opinion
- Yarborough v. TateTexas Supreme Court · 1855
3Cited by12 opinions
- L. N. Childress and Roger W. Crampton v. E. A. Cook, Jr.Court of Appeals for the Fifth Circuit · 1957
- Billington v. Houston Fire & Casualty Ins. Co.Court of Appeals of Texas · 1950
- Mayo v. GoldmanCourt of Appeals of Texas · 1909
- Glasscock v. ShellTexas Supreme Court · 1882
- Flournoy v. StoryCourt of Appeals of Texas · 1930
7 more not listed; retrieve them via the Exa API.