Walter v. Erdman

Citations

• 4 Pa. Super. 348
• 1897 Pa. Super. LEXIS 125

Syllabus

<p>Actions — Slander—Abatement of — Death of plaintiff — Motion to quash— Substitution of administrator.</p> <p>A judgment in an action of slander was entered before the death of the plaintiff and application duly made and allowed to substitute the administrators of the plaintiff who had died pending an appeal to the Superior Court. In the Superior Court a motion in abatement of the suit to quash the original writ was made by the appellant, and a petition for leave to suggest death of appellee and substitute his administrator was made at the same time by the appellee. Held, that the motion to quash must be refused on authority of Wood v. Boyle, 177 Pa. 620, and that any irregularity in entering judgment in favor of a plaintiff who is dead when the judgment is pronounced is cured by Act 17, Charles II, Chap. 8, in force in Pennsylvania, and that therefore, the administrator may be substituted.</p> <p>Practice, G. P. — Answer to points.</p> <p>Tlie refusal specifically to affirm points is not error when the questions were fully disposed of in the general charge in a way which met the propositions raised in the points, and reference is made to the charge.</p> <p>Slander — Pleading—Province of the innuendo — Province of jury.</p> <p>The province of an innuendo is not to introduce new matter or enlarge the material meaning of words, or put upon them a construction they will not bear. Its office is to define the defamatory meaning which the plaintiff sets upon the words; to show how they came to have that meaning and how they relate to the plaintiff. If they are capable of the meaning he ascribed to them, it is for the jury to say whether they are used in that sense.</p> <p>Slander — Actionable words — Evidence— Question for jury.</p> <p>The words “ thief” and “defaulter,” used with the meaning to charge, that the plaintiff had been and was guilty of the crimes of larceny, fraud and embezzlement; “ came of a disreputable and dishonest family; ” and was “a person unworthy