Smith v. Singles

Citations

• 22 Del. 544
• 6 Penne. 544
• 72 A. 977
• 1908 Del. LEXIS 28

Syllabus

<p>Slander—Plea of Truth—Not Guilty—Evidence—Express Malice —Words Imputing Crime; Actionable in Themselvs— Damages; Compensatory; Exemplary.</p> <p>1. In a trial for slander a witness was asked what the defendant said on another occasion than the one laid in the narr, about the testimony that the plaintiff had given at the trial in respect to which the slanderous words were spoken. Held that such evidence was admissible as tending to show express malice.</p> <p>2. A witness for the plaitntiff tetstified that about the time of the trial before the Justice of the Peace, he heard the defendant “pass a remark about the plaintiff buying dead cattle and cutting them up and selling them from his wagon.” Held admissible, but it afterwards appearing from the same witness that such statement might have been made four months, or even a year, after the trial, the testimony was stricken out.</p> <p>3. The plaintiff may be asked upon cross examination, questions for the purpose of showing that his reputation has not suffered because of the slanderous words used by the defendant.</p> <p>4. The words, “swore to a damned lie,” spoken of the plaintiff’s testimony at a trial, impute to the plaintiff a crime punishable by the laws of this State, and are actionable in themselves. In such a case the law presumes malice, and implies that the plaintiff has sustained some damage. Under the plea of not guilty the plaintiff would also be entitled to recover such compensatory damages as he may have shown he has sustained.</p> <p>5. Express malice must be proved, but may be proved by direct or indirect evidence. The jury should consider all the facts and circumstances which tend to show the motive or spirit which actuated the words complained of. Where the truth is pleaded and the defendant has clearly established that the plaintiff did, at the time referred to, and upon a matter material to the case, knowingly swear falsely, the defense is complete. Under such plea the burden is upon the defe