Herler v. Pierce
Herler v. Pierce
Opinion of the Court
Opinion by
The plaintiff’s statement alleged that the defendant uttered these defamatory words: ‘“Charles Herler buys and sells No. 2 hams’ thereby meaning and intending to charge that the said Charles Herler sold hams that were inferior in quality, sour and unfit to eat, unmarketable, and which have to be sold contrary to the meat inspection law; and said term No. 2 hams is generally so understood among the trade.” Interpreting the verdict in the light of the instructions given to the jury, it implies a finding that the defendant uttered the alleged slanderous words, and that he intended them to have, and those hearing would understand and interpret them as having, the meaning ascribed to them by the innuendo. Although the evidence was conflicting, there was enough, if the jury believed the plaintiff’s witnesses, to sustain a finding that in the trade the terms used have the meaning ascribed to them. But it is argued that the alleged slanderous words are not equivocal or ambiguous, and are not actionable per se, and that an innuendo may not introduce new matter or enlarge the natural meaning of words. This statement of the scope of an innuendo means that it must not put upon defendant’s words a construction which they will not bear; but it does not mean that, if the words are susceptible of a double meaning, they must be taken in the milder sense. “If the words are incapable of the meaning ascribed to them by the innuendo, and are prima facie not actionable, the judge at the trial will stop
It is argued that binding direction should have been given for the defendant, for the additional reason that no special damage was alleged or proved. But, as the words
We need not discuss the case further. For the reasons above suggested, taken in connection with what the learned trial judge has said in his clear and satisfactory opinion overruling the motion for a new trial, the judgment must be affirmed.
Judgment affirmed.
Reference
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- Slander — Innuendo—Meaning of words — Evidence—Case for jury— Damages — Special damages. 1. In an action for slander plaintiff charged that defendant uttered these defamatory words: '“H. buys and sells No. 2 hams,’ thereby meaning and intending to charge that the said H. sold hams that were inferior in quality, sour and unfit to eat, unmarketable, and which have to be sold contrary to the meat inspection law; and the said term No. 2 hams is generally so understood among the trade.” The evidence as to the meaning attributed to No. 2 hams by the innuendo was conflicting. Held, that the question of the meaning of the word was for the jury. 2. In such a case where it is alleged that the words were spoken of one engaged in the meat business, and in the hearing of a dealer in meats, it is peculiarly for the jury to determine if they had the meaning peculiar to the meat trade ascribed to them in the innuendo. 3. Parol evidence is always receivable to define and explain words which are purely technical and local, that is, which are not of universal use, but are familiarly known and employed either in a particular district, or in a particular science or trade, among those who use them. 4. Where words are spoken with special reference to a particular trade or business, and charge an indictable offense involving moral turpitude, and punishable by fine and imprisonment, the averment of special damage is not essential to the maintenance of the action, and the recovery of general damages.