Bleitz v. Carton

Citations

• 49 Wash. 545
• 95 P. 1099
• 1908 Wash. LEXIS 1021

Syllabus

<p>Libel and Slander — Words Actionable Per Se — -Imputing Crime. It is actionable slander per se to say of a man that he “has another wife back east,” as the words in effect charge bigamy.</p> <p>Same. It is not actionable per se to utter orally that a- man is not fit to associate with other people and has been in jail two or three years back east.</p> <p>Same — Pleading-—Variance.’ In an action for slander in uttering of a man that he has “another wife and child back east,” in effect charging him with the crime of bigamy, it is a fatal variance to prove that “he has a wife and child back east and is living with another woman here,” which would only constitute the crime of adultery; since the old rule that in slander a variance is fatal has not been relaxed to such an extent as to allow allegation as to one crime and proof of another (Fullerton, Rudkin, and Dunbar, JJ.,. dissenting).</p> <p>Same — Failure of Proof. In an action for slander in changing a man with being a bigamist, proof that he did not actually call him a bigamist but said he had a wife back east and waa living with another woman here, is not only a total failure of proof, but amounts to a positive denial of the allegation.</p> <p>Same — Variance—Bill oe Particulars. Where, in an action for slander, a bill of particulars was furnished showing when and before whom the words were spoken, the plaintiff is not entitled to show that the words were spoken at other times and places; and such proof, introduced for the purpose of showing malice, will not support a verdict where the complaint was not amended (Fullerton, Rudkin, and Dunbar, JJ., dissenting).</p> <p>Same — Pleading—Answer—Admissions—Justification. Where the complaint in an action for slander alleged the uttering of a positive charge of bigamy, a justification in the answer admitting that the words were uttered conditionally, i. e., “If what Mr. D. has told me is true,” is not inconsistent with a general denial, and does not admit the allegation