Cooper v. Seaverns
Citations
- 81 Kan. 267
- 105 P. 509
- 1909 Kan. LEXIS 356
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Slander — Charge of Unchastity — “Dirty Slut.” According to their usual, popular and natural signification the words “dirty slut,” spoken of a woman, do .not of themselves impute unchastity.</p> <p>:2. -Pleading — Innuendo. In an action for slander based on the words referred to their meaning can not be expanded to include unchastity merely by the innuendo of the petition. If in the light of the occasion and circumstances of their utterance they conveyed such a meaning the extrinsic facts showing they were defamatory should be pleaded in the prefatory part of the petition.</p> <p>:S. -Sufficient Charge of Unchastity. The following words spoken of a married woman — “I suppose that you have heard the slander that’s going about the Coopers; that little girl was born within four or five months after they were married; now what do you think of them?” — fairly mean the woman’s child was begotten out of lawful wedlock and that she had been guilty of a breach of chastity.</p> <p>■4. -f- Allegation and Proof of Special Damages — Common-law Rule. The rule of the common law that spoken words imputing unchastity to a female are not actionable without allegation and proof of special damages took its rise in England from conditions peculiar to that country and is based upon reasons which are not apposite under the legal institutions of this state. It is out of sympathy with the true spirit ■of the bill of rights, lacks the sanction of justice and right, and does not. apply to the conditions or meet the needs of the people of this state.</p> <p>5. Common Law — Statute Continuing it in Force — Limitation. Under the statute of 1868 (Gen. Stat. 1901, §8014), which governs the matter, the common law of England remains in force in this state in aid of the general statutes only so far as it is not modified by constitutional and statutory law, judicial decisions, and the conditions and wants of the people.</p> <p>6. -Modification of Common Law a Judici
Judges: Burch
Read full opinion on CourtListenerCited by
16 cases in this archive cite this case.
- Doughty ex rel. Woods v. EnglerSupreme Court of Kansas· 1923-01-06· cited 57×
- Kirkpatrick v. KirkpatrickSupreme Court of Kansas· 1922-12-09· cited 36×
- Bradshaw v. SwagertyCourt of Appeals of Kansas· 1977-04-15· cited 34×
- Estates of Wright v. PizelSupreme Court of Kansas· 1950-01-28· cited 25×
- González v. Ramírez CuerdaSupreme Court of Puerto Rico· 1963-04-23· cited 23×
- McCartney v. RobbinsSupreme Court of Kansas· 1923-07-07· cited 20×
- State Department of Social Welfare v. Commercial National BankSupreme Court of Kansas· 1953-11-07· cited 11×
- Henderson v. RippergerCourt of Appeals of Kansas· 1979-05-04· cited 11×
- Hanson v. BristowSupreme Court of Kansas· 1912-05-11· cited 10×
- Cooper v. SeavernsSupreme Court of Kansas· 1916-02-12· cited 8×
- Thompson v. Osawatomie Publishing Co.Supreme Court of Kansas· 1945-03-10· cited 8×
- Hatfield v. Gazette Printing Co.Supreme Court of Kansas· 1918-10-12· cited 7×
- Hamilton v. McKennaSupreme Court of Kansas· 1915-04-10· cited 6×
- Fritts v. QuintonSupreme Court of Kansas· 1925-03-07· cited 5×
- Sharman v. Webber Supply Co.Supreme Court of Kansas· 1968-06-08· cited 1×
- Doran v. PriddyD. Kansas· 1981-11-04· cited 1×
Cites
3 cases in this archive are cited by this case.
Other cases named Cooper v. Seaverns
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