Jarnigan v. Fleming

Citations

• 43 Miss. 710

Syllabus

<p>1. Slandek — Malice—PaovnsrOE oe Jus? — When, in an action for slandor, the slanderous words alleged are not in foreign or technical language, and not ambiguous nor uttered in fable, question, enigma or the like, but are such plain and ordinary-words as aro in common use, an instruction to the jury that unless the words used were understood by the hearers to have been uttered in a malicious or slanderous sense they must find for the defendant, is erroneous. In such ease it is the judgment of the jury, and not the opinion of the hearers of the words, that must determine whether they were slanderous and malicious or not.</p> <p>2. Instructions — Technical Legal Terms must be Explained to a Jury. — It is error to instruct a jury in technical phraseology without explanation, because such terms are liable to mislead the jury.</p> <p>3. Same — Abstract Legal Propositions. — It is error for a court to instruct the jury upon abstract legal propositions inapplicable to the ovidonco, however correctly such propositions may he statod.</p> <p>4. Slander by Malicious Prosecution. — A slander may he perpetrated by means of a malicious suit. Such a suit may be a most offectivo means for propagating it and in many cases an action will lie for a slander propagated by this means. Semble: That in such case the party injured may at his option prosecute and rocover upon either an action for slander, or for malicious prosecution.</p> <p>5. Party’s own Witness. —It is a fatal error for the court to instruct a jury that a party introducing a witness thereby endorses the credibility of such witness. It is sufficient to say that a party cannot impeach his own witnoss.</p> <p>6. Slander — Defense under General Issue. — Under the general issue in an action for slander the defendant may givo in evidenco any mitigating circumstances to reduce the damages, Bov. Code, 493, art. 96, but cannot give evidence proving or tending to prove the truth of the slanderous words.</p> <p>7. Same — Malice Pr