Bennum v. Coursey

Citations

• 23 Del. 74
• 7 Penne. 74
• 76 A. 53
• 1908 Del. LEXIS 3

Syllabus

<p>Slander—Evidence—Pleading—Justification—Truth—Malice— Words Actionable in themselves—Damages.</p> <p>1. In an action for slander the plea of the truth is a good and sufficient defense if it is clearly and fully established by the evidence in the case. But the burden of such proof is on the defendant. He must stand or fall upon his plea of justification or truth. The defendant must prove that the words uttered by him were true in substance and in fact, as to all the material facts of a slánder, and the charge must be made out by positive or circumstantial evidence. No suspicion, however strong, will amount to a justification.</p> <p>2. The following words spoken by the defendant, viz: “that the plaintiff was paid the sum of four hundred dollars for voting against certain bills introduced in the General Assembly, for the suppression, restriction and limitation of the manufacture and sale of intoxicating liquors,” held to impute a crime to the plaintiff and to be in themselves actionable. In such case the law presumes malice, and it is not necessary to prove express malice to entitle the plaintiff to a verdict, for the law implies, from the language used, that he has received some damage.</p> <p>3. The truth of the charge, where every element thereof is completely established to the satisfaction of the jury, is a good and sufficient defense to the action, and in such case the plaintiff would not be entitled to recover even nominal damages.</p>