Craig v. Brown
Craig v. Brown
Opinion of the Court
Slander. The plaintiff below at the time of the speaking of the words mentioned in the declaration, was postmaster at Versailles, in the county of Ripley. The declaration contains two counts. The first count charges that the defendant below spoke of and concerning the plaintiff, and in reference to his official character, the following words: “ He would rob the mail for 100 dollars ; yes, he would rob
The defendant pleaded to the first count the general issue, and a special plea as follows, — “ Actio non, because he says that at, &c., when, &c., he spoke the said several supposed slanderous words in said, first count mentioned, he, the said Craig,-did believe that the said Broun would then and there rob the mail for the sum of either 100 dollars or five dollars, and therefore he the said Craig did speak, utter, and publish the said words in said count mentioned, &c.” On the first plea issue was joined, and to the second the plaintiff filed a general demurrer. The Court decided the law on the demurrer to be for the .plaintiff, and the cause was then submitted on the plea of not guilty to a jury, who returned a verdict for the plaintiff; and judgment was rendered accordingly. - .
The plaintiff in error does mot insist on .the sufficiency of the plea demurred to, but contends that the words in the count to which it was pleaded are not actionable ; that the demurrer reached the defect in the count; and that the Court ought to have decided the law on the demurrer to be for the defendant.
If the words charged had been spoken of a person not in office, it may be they would not have been actionable. But words which are not actionable when spoken of a common person, may be so when appliéd to a person holding an office of trust or profit; and the reason is, that he is in danger of being excluded from office.
In How v. Prinn, 2 Salk. 694, the Court held that in offices of profit, words that impute a defect of integrity, &c., are actionable. • Starkie in his Treatise on Slander, page 100, in speaking of the grounds of the action of slander by a person in office, says, when the office is lucrative, words which reflect upon the integrity, of the plaintiff, render his tenure precarious, and are therefore, pro tanto, a detriment in
Tested by the foregoing principles, we think the words in the first count of the declaration before us are actionable, and that the judgment should be affirmed.
The judgment is affirmed, with 5 per cent. damages and costs.
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