Wallace v. Rodgers

Citations

• 156 Pa. 395
• 27 A. 163
• 1893 Pa. LEXIS 1362

Syllabus

<p>Slander — Repetition of slander — Measure of damages.</p> <p>One who maliciously repeats a slanderous accusation is guilty and answerable in damages, and the fact that lie did not originate the slander will only go in mitigation of damages.</p> <p>Where special damages are claimed they should be distinctly averred, and where the wrong consists merely in the repetition of a current slander, the plaintiff’ must trace his special injury to the wrong of defendant. It is not sufficient, for recovery of special damages, to show: (1) That defendant was one of those who uttered it. (2) That because of the existence of such a slanderous accusation, plaintiff suffered a special injury.</p> <p>In an action for slander, it appeared that defendant had repeated a statement that plaintiff had stolen a stove from a car belonging to a railroad company which employed him as a car inspector. Plaintiff was discharged from his position by reason of a report made to the superintendent by a special agent of the company in which he was charged amongst other things with stealing a stove. The special agent testified that his report was not based upon information obtained from defendant, but upon that obtained from other parties. Held, that defendant was not liable for special damages.</p>