Stoner v. Erisman
Stoner v. Erisman
Opinion of the Court
Opinion by
It is conceded that an amendment introducing a new cause of action will not be permitted after the statute of limitations has run in favor of the defendant. But if the amendment is merely a restatement of substantially the same cause of action, though in a different form, the variance in form will not prevent the amendment.
The plaintiff declared for slander by the words, “ damned bitch,” laid with an innuendo that, she being a married woman, was thereby charged with having been guilty of adultery. The amendment offered was to add the words “ whore and ” before the others, and the question is whether this would introduce a new charge (it being admitted that the statute had run since the speaking of the words), or merely presented the same substantial charge in a different form. The original statement as already said laid the words with an innuendo, “ thereby meaning the said plaintiff to charge with the crime of adultery,”
The words in the present case are laid with a colloquium which tends to sustain the innuendo. As the words so understood import a charge, as said by Chief Justice Gibson in Proper v. Luce, 3 P. & W. 65, “ ge-nerically the same ” as that in the amendment, it follows that the court could not refuse to allow
Judgment reversed and amendment directed to be allowed.
Reference
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- Slander — Actionable words — “ Damned bitch ” — Innuendo—Amendment- Where words may have a double or doubtful meaning, the plaintiff may by innuendo charge which meaning he attributes to them, and it will be for the jury to find whether they were spoken with that meaning or not. While the word “ bitch ” is frequently used as a general term of opprobrium without any reference to chastity, still it is often used as meaning a lewd woman. ■ Plaintiff declared for slander by the words “ damned bitch, ” laid with an innuendo that she, being a married woman, was thereby charged with having been guilty of adultery. After the statute of limitations had run in favor of the defendant, plaintiff sought to amend the statement by adding the words “ whore and ” before the others. Held that the amendment should have been allowed, and the question left to the jury with instructions that if they find that the words were used with intent by the defendant, or in such manner as to be understood by the hearers' in the sense charged, they might find for the plaintiff without proof of special damages, and might also consider the words in the amendment, butotherwise they must disregard the word “ whore ” (if proved) and find for the defendant unless- special damage was shown. An amendment introducing a new cause of action will not be permitted after the statute of limitations has run in favor of the defendant; bur if the amendment is merely a restatement of substantially the same cause of action, though in a different form, the variance in form will not prevent 4he amendment! - ;