Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 145

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 145

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...by fine or imprisonment, though made in general words only, they come within the first head of the classification above given, and are actionable per se. McNamara V. Shannon, 8 Bush, 557; Lemons v. Wells, 78 Ky., 117. We must, therefore, first inquire whether the words used are actionable per se, and if not, does the petition state a case of special injury or damage. Are the words used in this case actionable per se'l It is only when oral charges of dishonesty. rascality or general depravity are uttered or spoken of a person in his business or employment, or impute to him the oommission of a crime, that they are actionable per se. ' In the early and leading case of Brooker v. Coffin, 5 Johns., 188, 4 Am. Dec., 337 (1809), the following rule was given as the test: "In case the charge, if true, will subject the party charged to an indictment for a crime involving moral turpitude, or subject him to an infamous punishment, then the words will be, in themselves, actionable." Cooley says that this test has been accepted and applied so often and so generally that it may now be accepted as settled law. ("Torts" p. 229.) It has been so accepted and acted upon in the repeated decisions of this Court. In Craig v. Pyles, 101 Ky., 593; Peters v. Garth, 20 Ky. L. R., 1934; Feast v. Auer, 28 Ky. L. R., 794; 90 S. W. 564, 4 L. R. A. (N. S.) 560, and Schurick v. Kollman, 50 Ind., 336, opprobious epithets against women, not amounting to charges of unchastity, were held not to be actionable, because they did not come within any one of the heads of the classification of actionable words above given; and although these rulings might seem strange and harsh, they are, nevertheless, in conformity with the general line of decisions...show more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236773470
  • 9781236773470