Ramsay v. Harrison

Citations

• 119 Va. 682
• 89 S.E. 977
• 1916 Va. LEXIS 142

Syllabus

<p>1. Change of Venue&emdash;Statement of Grounds&emdash;Code, Sec. 8316.&emdash;Statutes conferring the right to a change of venue are enacted with the view of according litigants a fair and impartial trial, and being in furtherance of justice should be liberally construed so as not to defeat the right, but the affidavits in support of the motion, especially where opposed by counter affidavits of disinterested persons, should state the facts and circumstances tending to show that a fair and impartial trial cannot be had where the case is pending and not the mere belief or opinion of the affiants. Less than this is not sufficient under section 3316 of the Code, permitting a change of venue for good cause shown.</p> <p>2. Libel and Slandeb&emdash;Privileged Communications&emdash;Violent Language.&emdash; Where there is any legal evidence tending to prove that the language complained of was disproportioned in strength and violence to the occasion, though the occasion was privileged, the questions of malice in the use of the words should not be taken from the jury, and it was not error in the ease at bar to instruct the jury that “strong and violent language or insinuations disproportioned to the occasion may raise an inference of malice and thus lose the privilege that would otherwise attach to it.”</p> <p>3. Insteuctions&emdash;Jury Sufficiently Instructed.&emdash;It is not error to refuse to give an instruction which is substantially the same as one already given.</p> <p>4. Pbincipal and Agent&emdash;Agency&emdash;Admissions of Agent.&emdash;In an action against the principal it is not error to receive the admissions of an alleged agent, tending to establish the agency, when a -prima fade case of connection between the alleged principal and agent has been shown. Although the evidence of the agency may be slight, the burden is cast upon the principal to rebut it.</p> <p>5. Evidence&emdash;Letter of Plaintiff’s Wife&emdash;Res Gestae.-&emdash;Where husband and wife ar