Rea v. Wood

Citations

• 105 Cal. 314
• 38 P. 899
• 1894 Cal. LEXIS 1156

Syllabus

<p>Evidence—Recalling Witness—Discretion.—The question whether a witness may he recalled and re-examined as to matters about which he has already been examined is one left to the sound discretion of the court, and its action will not be disturbed unless a clear abuse of discretion is shown.</p> <p>Slander—Railroad Commissioner—Charge oe Single Act of Dishonesty.—A charge of a single act of dishonesty in relation to private matters against a person holding the office of railroad commissioner does not amount to an imputation of general disqualification for that office; and where the officer continued in the performance of the duties of the office without molestation until the close of his term, and was after-wards re-elected to the same office, and entered upon a second term, it cannot be said that the words spoken during the first term tended directly to injure the plaintiff in respect to his office.</p> <p>Id.—Evidence—General Character.—The rule is uniform that general character cannot be proved by a single act.</p> <p>Id.—Gist of Action for Slander—Direction of Verdict.—The gist of an action for slander is pecuniary loss, and where it does not appear that the plaintiff sustained any loss, or was in any way prejudiced by words spoken by the defendant which were not actionable per se, it is not error for the court to charge the jury to return a verdict for the defendant.</p>