McKee v. Ingalls

Citations

• 5 Scam. 30

Syllabus

<p>Error to Morgan.</p> <p>1. Slander — gist of action and evidence. Malice is the gist of an action for slander; and the speaking of actionable words is evidence of malice. The better rule seems to be in actions, for slander, that the defendant shall be held responsible for words-spoken, in the sense in which he used them. If the meaning be doubtful, other parts of the same conversation, may explain it, and do away the malicious intent; but if there be no such explanatory conversation, the law will infer malice from the speaking of actionable words, (a) </p> <p>2. Same — evidence—explanation of words. A defendant, in an action for slander, has a right to explain the meaning of words used by him, and rebut the presumption of malice; and a witness may be asked his opinion as to the intent of the defendant to impute crime, if it be doubtful.</p> <p>3. Same — charging intent. It is not actionable to charge a man with an intent to commit a crime.</p> <p>4. Same— thief The word thief is not actionable, unless the defendant intended to impute crime, which the law will presume, if a contrary intent be not shown. (b) </p> <p>5. Same — heat and passion. Words spoken through mere heat and passion are not actionable.</p> <p>. 6. Same — malice question of fad. In an action for slander the question of malice is properly submitted to the jury, and all the facts and conversation are to beweighed in ascertaining the intent with which the words were spoken.^</p> <p>7. Same — presumption of malice. The law presumes malice from actionable words; and they must be taken in their common acceptation. Proving them substantially as laid will entitle the plaintiff to recover.</p> <p>8. Samis — damage implied when. The law implies damage from actionable words, and that the defendant intended the injury the slander is calculated to effect.</p> <p>g. Same — drunkenness. Drunkenness is no excuse for slander.</p> <p>10. New trial — not granted, when. Courts will not grant new trials merely to ena