Healy v. Dettra

Citations

• 5 Sadler 428
• 8 A. 622
• 1887 Pa. LEXIS 800

Syllabus

<p>Words spoken of a lawyer, in reference to what he has done in his profession, that he is a “blackmailer,” are actionable per se.</p> <p>H. refused in the presence of several witnesses to shake hands with D.,. saying: “I don’t shake hands with blackmailers; a certain person told me-he had to pay you hush money in the prosecution against me.” D. threatened to sue H.; whereupon H. replied: “The sooner the better; I will sho-w that you are a blackmailer and that you have blackmailed me.” Held? that, in an action foi slander, upon proof of these facts D. was entitled to-recover against H., without proof of special damage.</p> <p>In the absence of malice, compensation is the measure of damages.</p> <p>If the words were uttered with special malice punitive damages may be-awarded; and in estimating such damages the defendant’s means may be taken into account.</p> <p>Under the act of March 30, 1875, a change of venue in civil cases, on the-ground that the defendant cannot have an impartial trial, is within the discretion of the court below; and a refusal to grant the change will not be-reversed unless the discretion has been abused.</p> <p>An action for slander for calling an attorney a blackmailer is not a case-where a large, number of the inhabitants of the county are interested adversely to the defendant so as to make it obligatory on the court to grant a change of venue, under the act of 1875, although the words were spoken about a criminal prosecution for alteration of the tax records by the defendant.</p> <p>Note. — Punitive damages may be awarded in actions for libel and slander where the publication was malicious (Carothers v. O’Brien, 29 Pittsb. L„ J. 395; Brown v. Reiter, 21 Pittsb. L. J. 143) ; or wantonly or recklessly made (O’Neil v. Kredel, 1 W. N. C. 09; Barr v. Moore, 87 Pa. 389, 30 Am. Ecp. 307; Regensperger v. Kiefer, 20 W. N. C. 97). By the act of July I, 1897, punitive, damages were abolished as to libel, but the right to so recover is reaffirmed by th