Paysse v. Paysse

Citations

• 84 Wash. 351
• 146 P. 840
• 1915 Wash. LEXIS 796

Syllabus

<p>Libel and Slander — Instructions—Contradictory Instructions. In an action for slander in orally charging that plaintiff was a bastard, it is reversible error to give instructions that are contradictory, telling the jury that, in the one charge, the words were libelous per se, and in a similar charge, that they were not so.</p> <p>Same — Words Actionable Per Se — Bastard. Orally charging that plaintiff is a bastard is not actionable per se.</p> <p>Same — Instructions—Issues and Proof. In an action for slander in orally charging that plaintiff was a bastard, it is reversible error to instruct the jury that there could be a recovery if the plaintiff was especially damaged, when there was no allegation or proof of special damages.</p> <p>Appeal and Error — Review—Presumptions—Prejudice. Upon a disputed question as to alleged slanderous statements, prejudice will be presumed where the jury were instructed that statements were actionable per se and malice would be presumed, necessarily resulting in damage, when the statements were not libelous per se.</p>