Davis v. Heflin

Citations

• 130 Va. 169
• 107 S.E. 673
• 1921 Va. LEXIS 148

Syllabus

<p>1. Libel and Slander — Venue—Conflict of Laws — Statutory and Common Law Actions. — Words actionable at common law may be sued on in a common law action in any jurisdiction where the defendant may be found; but where the action rests upon a statute and the words were spoken or published exclusively in a State other than that in which the action was brought, the plaintiif must prove as a fact that a like statute was in force in such other State.</p> <p>2. Libel and Slander — Publication—Mailing Letter to Plaintiff.— The mere mailing or transmission of a letter to plaintiif himself does not constitute.a publication in a civil action and at common law, as the sender is not responsible for what the recipient does with the letter after it is received.</p> <p>3. Libel and Slander — Publication—Mailing Letter to Third Party. • — The mailing of a slanderous letter to a third party amounts to a publication, provided the letter reaches its destination and is read by the addressee, or any other third party.</p> <p>4. Libel and Slander — Anti-Dueling Act, Code of 1919, Section 5781 — Publication.—Publication is not necessary under the anti-dueling act, Code of 1919, section 5781, providing that all words which, from their common acceptation, are construed as insults and tend to violence and breach of the peace, shall be actionable.</p> <p>5. Libel and Slander — Action for Defamation — Anti-Dueling Act, Section 5781, Code of 1919 — Publication—Case at Bar. — Defendant in Virginia wrote a letter to a third party in Washington containing defamatory statements about plaintiif. The letter reached the addressee and was read by him and another. Plaintiif questioned defendant in Virginia in regard to the letter and defendant substantially repeated and assumed responsibility for the contents of the letter when he admitted its authorship and said to defendant that the letter spoke for itself.</p> <p>• Held: That a verdict for plaintiff was good under the evidence regardless of whether