Stoner v. Erisman

Citations

• 206 Pa. 600
• 56 A. 77
• 1903 Pa. LEXIS 769

Syllabus

<p>Slander — Actionable words — “ Damned bitch ” — Innuendo—Amendment-</p> <p>Where words may have a double or doubtful meaning, the plaintiff may by innuendo charge which meaning he attributes to them, and it will be for the jury to find whether they were spoken with that meaning or not.</p> <p>While the word “ bitch ” is frequently used as a general term of opprobrium without any reference to chastity, still it is often used as meaning a lewd woman. ■</p> <p>Plaintiff declared for slander by the words “ damned bitch, ” laid with an innuendo that she, being a married woman, was thereby charged with having been guilty of adultery. After the statute of limitations had run in favor of the defendant, plaintiff sought to amend the statement by adding the words “ whore and ” before the others. Held that the amendment should have been allowed, and the question left to the jury with instructions that if they find that the words were used with intent by the defendant, or in such manner as to be understood by the hearers' in the sense charged, they might find for the plaintiff without proof of special damages, and might also consider the words in the amendment, butotherwise they must disregard the word “ whore ” (if proved) and find for the defendant unless- special damage was shown.</p> <p>An amendment introducing a new cause of action will not be permitted after the statute of limitations has run in favor of the defendant; bur if the amendment is merely a restatement of substantially the same cause of action, though in a different form, the variance in form will not prevent 4he amendment! - ;</p>