Klumph v. Dunn

Citations

• 66 Pa. 141
• 1871 Pa. LEXIS 8

Syllabus

<p>1. In slander it is not necessary that all the words laid in the declaration should be actionable, it is sufficient if some are.</p> <p>2. All words spoken at the time may be laid and given in evidence as showing the animus.</p> <p>3. Where words impute that a common-law offence had been committed in another state, it need not be affirmatively proved that the offence was indictable there.</p> <p>4. The presumption is that the common-law of a sister state is similar to our own.</p> <p>5. That words should impute an offence for which there would be liability to prosecution or punishment, is not the criterion of their actionable character.</p> <p>6. To render words actionable per se they must impute an offence of moral turpitude punishable criminally.</p> <p>7. The law as to the offence in the country in which the words are spoken is to determine their character.</p> <p>8. Words spoken in Pennsylvania charged the commission of adultery in Georgia. Meld,, that they were actionable per se.</p> <p>9. The position in life and the family of a plaintiff in slander are important circumstances as bearing on the question of damages and are admissible; they need not be laid in the declaration.</p>