Nidever v. Hall

Citations

• 67 Cal. 79
• 7 P. 136
• 1885 Cal. LEXIS 550

Syllabus

<p>Blandee — Wobds not Actionable eeb se — Pleading Exteaneous Facts— Bdbden of Pboof—Evidence.—In an action for slander, where the words spoken were not actionable per se, and the complaint alleges extraneons facts showing their slanderous meaning, the plaintiff must prove such extraneous facts, and the defendant may give evidence to the contrary under a general denial.</p> <p>Id. —Undebstanding of Wobds by Heabebs.—In such a case, the plaintiff must aver and prove that the words were actually used in their actionable sense, and were applied to him, and that the hearers so understood them. Upon this latter point, the testimony of the hearers, as to how they understood the words, is admissible.</p>