Rhodes v. Naglee

Citations

• 66 Cal. 677
• 6 P. 863
• 1885 Cal. LEXIS 521

Syllabus

<p>Slander—Pleadings—Galling Plaintiff a Thief—Words Actionable per se.—In an action for slander, the complaint alleged that the defendant, in the presence and hearing of the plaintiff and other parties—naming them— spoke of and concerning the plaintiff, falsely and maliciously, the following words, viz : “You are a thief; you make your money by stealing.” Held, that a cause of action was stated, as the words were actionable per se.</p> <p>Id.—Application of Language to Plaintiff.—The actionable words being in the vernacular of the place of publication, and unambiguous, an allegation that they were understood by the persons who heard them to have been applied to the plaintiff is unnecessary.</p> <p>Id.—Social Condition of Plaintiff—Damages.—On the trial of the action, the plaintiff may prove, in aggravation of damages, that he was a married man, and had a family.</p> <p>Id.—Excessive Verdict.—Under the circumstances of the case, a verdict for the plaintiff of $3,000, held, excessive.</p>