Garvin v. Mercur

Citations

• 68 Pa. Super. 1
• 1917 Pa. Super. LEXIS 61

Syllabus

<p>Slander — Charge of forgery — Charge—Damages.</p> <p>In an action for slander where the plaintiff claims that the de*. fendant charged him with the crime of forgery in a political speech, the question is not whether the name of the plaintiff was used in the particular sentence in which the charge of forgery was made, hut did the circumstances and the connection in which it was made indicate to those who heard it that the plaintiff was the guilty party.</p> <p>A charge that a man, meaning the plaintiff, “signed a contract agreeing to pay one hundred dollars for posting” certain fake political posters, and that the man who signed the contract “forged the name” of another person, imports that the person so charged was guilty of the crime of forgery.</p> <p>In an action for slander where the alleged slanderous words charge an indictable offense, it is for the court to decide whether the words set forth in the plaintiff’s statement are capable of the meaning ascribed to them by the innuendo, and for the jury to decide whether such meaning is properly ascribed to them. It is not necessary, however, that the words spoken charging a crime should contain all the averments necessary to sustain an indictment for that crime, in order to make the words actionable, per se.</p> <p>In an action for slander where the defendant admits that he spoke the words of which the plaintiff complained, he will not be permitted to testify to the meaning of the words. The meaning of the words is for the jury, to be ascertained in light of all the circumstances.</p> <p>In an action for slander a defendant who has had a verdict against him cannot complain that the charge was inadequate as to damages, where it appears that the jury were told that, in case they found for plaintiff, they should find the damages in such amount as would compensate the plaintiff for the wrong against his name, but that they were not to award punitive damages, by way of punishing the defendant.</p>