Boyajian v. Ohanian
Boyajian v. Ohanian
Opinion of the Court
Opinion by
This was an action to recover damages in slander. The jury returned a verdict in favor of the plaintiff. The court below entered judgment in favor of the defendant n. o. v. for the reason that there was a substantial variance between the plaintiff’s statement and the proof. We think the verdict should stand. The plaintiff’s statement sets forth that on or about the 20th day of July, 1911, and at various other times in said month of July, the defendant stated that “Mrs. Boyajian had connection with one Karakin Miranshahian at George’s Hill, Fairmount Park and got two dollars for it.” The proof offered was confined to the month of July, the time set forth in the statement. It is true it was not confined to the particular date of July 20th, but was within the period “on or about the 20th day of July and at various other times during the month of July.” There was therefore no variance as to the time. When we inquired as to whether the words charged were proven to
■ The above testimony as well as that of other witnesses amply supported the verdict. The plaintiff was not required to prove all the words alleged so long as he proved sufficient of the precise words to constitute a cause of action. 25 Cyc. 484; Pepper & Lewis, Digest of Decisions, Vol. XI, col. 18542. The case was tried on its merits; no objection was urged at the trial to any variance between the pleadings and the evidence. The defendant had asked for no bill of particulars, he denied uttering the alleged slander and later at the,trial sought
The judgment is reversed and the record is remitted with directions to enter judgment in favor of the plaintiff with accrued interest.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.