Hayes v. Nutter

Citations

• 98 Kan. 75
• 157 P. 428
• 2 A.L.R. 365
• 1916 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Slander — Variance Between Pleading amd Proof. In an action for slander, the proof of the words spoken need not correspond in every particular with the words as charged. It is sufficient that the words charged are substantially proved by the evidence.</p> <p>2. Trial — Requested Instructions — Covered by Those Given. It is not error to refuse instructions which are fairly covered by those given. {Baugh v. Fist, 84 Kan. 740, syl. ¶ 3, 115 Pac. 551.)</p> <p>3. Slander — Proof of Words of “Substantially the Same Meaning”— Proof Sufficient. In a slander case it is not error for the court to instruct the jury that they may find for the plaintiff if they find from the evidence that the defendant spoke the slanderous words or words of substantially the same meaning.</p>