Covington v. Roberson

Citations

• 111 La. 326
• 35 So. 586
• 1903 La. LEXIS 537

Syllabus

<p>APPEAL — REVIEW — SLANDER — EVIDENCE-INDICTMENT—PRESUMPTIONS.</p> <p>.1. In casos óí slander the findings of the jury will not be disturbed unless clearly erroneous, improper, and not sustained by any correct view of the evidence.</p> <p>2. Slanderous words may be actionable even though they do not consist of an unequivocal and positive assertion concerning another.</p> <p>3. Under article 2315 of the Civil Code, all that is necessary for a person judicially claiming damages to himself from a slander is to allege a condition of things such as would show a “fault” on the part of the defendant, accompanied by a claim of resulting damage -therefrom, and upon the trial of the case to establish the truth of his allegations. Plaintiff may recover compensatory damages, whether there was actual malice or not on the part of the defendant. The question of actual malice arises only when punitive damages are claimed.</p> <p>4. The finding of an indictment against a person gives rise to a presumption of good faith in favor of the person making the charge, and to criminality on the part of the person charged, only for a limited purpose, extent, and time. The presumption of innocence follows the accused until conviction. When the district attorney enters a nolle prosequi, or the jury acquits, such limited presumptions as the indictment gives rise to disappear, and the whole matter is set at large.</p> <p>(Syllabus by the Court.)</p>