Cahill v. Murphy

Citations

• 94 Cal. 29
• 30 P. 195
• 1892 Cal. LEXIS 630

Syllabus

<p>Slander—Damages—Mental Suffering — Disgrace to Plaintiff’s Family. — Mental suffering entitles the plaintiff to compensation in an action for slander, and such suffering may he increased and the damages consequently enhanced by the fact that the members of the plaintiff’s family would suffer by ^reason of the disgrace imposed upon the plaintiff by the slanderous charge.</p> <p>Id. — Evidence — Ages of Plaintiff’s Children—Dependence for Support.—In an action for slander, it is competent, upon the question of damages, to prove the number and ages of the plaintiff’s children; but not that they are dependent upon the plaintiff for support.</p> <p>Id. —Slanderous Charge of Arson — Admission of Incompetent Evidence— Harmless Error.—In an action for damages for slander, where the complaint alleged and the evidence showed that the slanderous words consisted in charging the plaintiff, falsely and maliciously, with an attempt to commit the crime of arson, and the evidence showed that the plaintiff was a defenseless woman with four children, three of whom were minors, and the jury returned a verdict in favor of the plaintiff for twelve hundred dollars, although the prayer of the complaint was for ten thousand dollars, the error of the court in permitting the plaintiff to show how many of her children were dependent upon her for support cannot be said to be error prejudicial to the defendent, in view of the enormity of the charge, the situation of the parties, and the small amount of damages awarded.</p>