Lucas E. Moore, Stave Co. v. Wells

Citations

• 111 Miss. 796
• 72 So. 228

Syllabus

<p>1. Master and servant. Liability for agent’s tort. Slander. Libel per se. Qualified privilege. Business relations. Burden of proof.</p> <p>Where a servant uttered slanderous statements of his own accord, which had nothing to do with his employment and about which his master was not concerned and when he was not about his master’s business, in such case the master was not liable in an action for slander.</p> <p>2. Libel and Slander. Libel per se.</p> <p>Where defendant lumber company had contracted with plaintiff to buy staves, and agreed to make advancements to enable him to haul them, and on learning from a third party by letter that plaintiff had not paid for the hauling, so that his laborers were in want and had been fed by said third party, wrote in reply that “from the looks of the statement received from you this morning we cannot believe that Mr. Wells (plaintiff) has applied the money advanced to him for hauling and other expenses connected with the staves for the purpose for which we sent it,” such statement was not libelous per se.</p> <p>3. Qualified Privilege. Business relations. Burden of proof.</p> <p>In as much as such letter was not libelous per se, and it did not go beyond the exigencies of the occasion, the burden of proof was shifted to the plaintiff to prove malice in fact.</p>