Simons v. Lewis

Citations

• 51 La. Ann. 327
• 25 So. 406
• 1899 La. LEXIS 404

Syllabus

<p>Syllabus.</p> <p>1st. In suits for damages for slander, the defendant is entitled to the modification the words receive from the accompanying statements showing the meaning intended and understood by those to whom the words were addressed. Newell on Slander, p. 202, et seq.</p> <p>2nd. On the issue of malice in such cases, as well as to mitigate damages, testimony is admissible to show the occasion, the sense of wrong and other 'circumstances attending and prompting the expressions alleged to be slander, ous. Ibid : Sth Ann. 130 ; 15th Ann. p. 48.</p> <p>3rd. Though the defence of Justification in action for slander fail, the defendant is entitled to the mitigation of the damages arising from the fair interpretation of all he said and the circumstances under which he used the wordisfor which he is sought to be held. Ibid; 2nd Greenleaf, S. 425.</p> <p>On Rehearing.</p> <p>Utterances against a person, while in a state of great excitement, by one who' thinks that he has been wronged by that person are not, in law, Justifiable, but the circumstances under which they were made may be considered in I fixing damages.</p>