Hamilton v. McKenna

Citations

• 95 Kan. 207
• 147 P. 1126
• 1915 Kan. LEXIS 194

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Amount Involved Less than $100 — Not Appealable. A pleading charged that the operator of a mutual telephone company refused the plaintiff, who was a member of the company, the services due a member unless he would pay an excessive and unauthorized charge, which refusal damaged the plaintiff in his business in the sum of one thousand dollars. It appeared, however, from all the allegations that the amount in controversy did not exceed one hundred dollars exclusive of costs. Held, that a cause of action was stated, but not for an appealable amount.</p> <p>2. Damages — Duty to Mitigate Damages. The rule that one seeking to hold another for damages must use. reasonable efforts to mitigate such damages — followed.</p> <p>3. Slander — Words Not Slanderous. A statement made to the plaintiff in the presence of others, “All I want you to do is to pay your honest debts,” held not slanderous.</p> <p>4. Slander---Acíww. Appealable. An action for damages for slander is appealable regardless of the sum claimed.</p>