Frank v. Kaminsky

Citations

• 109 Ill. 26

Syllabus

<p>1. Allegations and proofs—under the general issue in action for slander—as to the speaking, and publication, of the words. In an action on the case for verbal slander, the plea of not guilty puts in issue both the speaking and publication of the slanderous words complained of, and to recover, the plaintiff must prove, by a preponderance of evidence, the speaking and publication of at least one set of the words charged.</p> <p>2. It is just as necessary, under the general issue in an action for slander, to prove the publication of the slanderous words,—that is, that they were spoken in the presence and hearing of others than the plaintiff,—as it is to prove the fact of their having been spoken.</p> <p>3. Error will not always reverse. In case of an error in an instruction it is only when such error prejudiced, or was calculated to prejudice, the objector, that it demands a reversal.</p> <p>4. Where the proof was clear that certain slanderous words had been spoken in the presence of others besides the plaintiff, and this fact was not disputed, it was held, that an instruction basing the right to recover on the speaking of the words, omitting the hypothesis that they were also published, though erroneous as an.abstract proposition of law, was not calculated to injure the defendant, and hence no ground for a reversal of the judgment.</p>