Irvine v. Gibson
Court of Appeals of Kentucky
Case 34 — Action by Florida Gibson against Bettie H. Irvine for Slander. APPEAL FROM MADISON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appealed. Defendant having Died Pending the Action, Her Administrator, I. Shelby Irvine was Substituted as Appellant, and Action Reversed. POINTS AND AUTHORITIES. 1. Where the defense is complete and perfect, it is the duty of the court to direct a jury to find for the defendant.
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Case 34 — Action by Florida Gibson against Bettie H. Irvine for Slander. APPEAL FROM MADISON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appealed. Defendant having Died Pending the Action, Her Administrator, I. Shelby Irvine was Substituted as Appellant, and Action Reversed. POINTS AND AUTHORITIES. 1. Where the defense is complete and perfect, it is the duty of the court to direct a jury to find for the defendant. Wesley v. L. & N. R. iR., 83 Ky., p. 116; 'Conodeau v. American Accident Company, 95 Ky., p. 286; Neeb v. Hope, 111 Pa. State Repts., p. 145. '2. Malice is a necessary and…
1Opinion of the Court
Opinion-of the court bt
JUDGE SETTLE
Reversing.
The appellee, Florida Gibson, a young woman of excellent character, residing in Madison county, instituted in the ,-circuit court of that county a"n action for slander against the appellant, Bettie H. Irvine, and her husband, I. Shelby Irvine, laying her damages at $30,000. These are the slanderous words set forth in the petition, viz:
“Florida Gibson left here this summer, and had a baby, and I know it is so.” It is averred in the petition that the slanderous words were falsely and maliciously spoken and published by Bettie H. Irvine of and…
2Cases cited3 opinions
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- McDougald v. CowardSupreme Court of North Carolina · 1886
- Turner's Administrator v. BookerCourt of Appeals of Kentucky · 1834
3Cited by6 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Phillips' Committee v. Ward's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Chesapeake & Ohio Railway Co. v. FranciscoCourt of Appeals of Kentucky · 1912
- Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1913
- Young v. YoungCourt of Appeals of Kentucky · 1910
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