Brayton v. Cleveland Special Police Co.
Brayton v. Cleveland Special Police Co.
Opinion of the Court
The petition in this case may be considered from two points of view. It may be regarded as an action in slander, or as an action to recover damages for consequential injuries resulting from an alleged slander upon a third person. On the first reading it would seem that the pleader regarded the slanderous, words as affecting the plaintiff directly, and brought the action upon the theory that the plaintiff had been slandered touching its business. If we interpret the petition in this way the action cannot be sustained. Although a corporation may sue for a slander upon it in the way of its business or trade, it cannot sue for a slander upon one of its stockholders or officers, if the slander be not in direct relation .to the trade or business of the corporation; because the fight of action is personal and is confined strictly to the person of whom the slanderous language was uttered. This is especially so when the words impute to the individual a crime, as in this case. Newell on Libel and Slander, 360. State v. Cincinnati Fertilizer Co., 24 Ohio St.,
When we regard the case in the other aspect, it is not so easy to formulate a general rule for all cases, although the general principles involved are clear enough, and Ave readily reach a satisfactory conclusion as to the case at bar. In general, every man must be taken to be answerable for the necessary consequences of his oato wrongful acts; and so also if the result is so clearly the natural outcome, in sequence, that he ought to have contemplated it when he spoke the Avords, Avhether he actually did so or not. No good reason appears Avhy these principles should not be applied to the consequences of words spoken, as Avell as of things done. And this would seem to be the law whether the words were actionable slander or not. This seems to be tb,e foundation of the decision in Riding v. Smith, 1 L. R. Ex. Div., 91, which is the authority upon which the circuit court reversed the judgment of the common pleas. But the circuit court misconceived the scope of the case cited, and misapplied it, as Ave think, in the decision of this case. Riding v. Smith, was an action by husband and wife to recover for language imputing unchastity to the wife. As the words were not actionable per se, and it appeared on the trial that there was no special damage to the wife, she was dismissed from the case, upon the application of the counsel for the plaintiffs, and the case proceeded as the action of the husband alone. The allegation Avas that the wife assisted her husband in the conduct of his business and that the words complained of were falsely and maliciously spoken of the
The judgment of the circuit court is reversed and that of the common pleas affirmed.
Reference
- Full Case Name
- Brayton v. The Cleveland Special Police Co.
- Status
- Published