90 Va. 748 | Va. | 1894
delivered the opinion of the court.
This case is as follows: The plaintiff in error was a young girl, the adopted daughter of J. R. Harkrader, sheriff of
The slanderous words were admitted on the trial, and were entirely untrue, which so appearing to the voters, Harkrader was elected sheriff’, and under the plea of not guilty, offered other persons to prove that they heard the same slander. This evidence was inadmissible; it is no excuse for him that others had heard the same rumor after he himself had set it going,' with the caution “don’t tell anybody.”
If such evidence were allowed, the guilty party could always provide a safe shield for himself by sending the slander broadcast through the country. Cheatwood v. Mayo, 5 Munford, 16; Justice Parsons in 6 Mass. Rep., 518.
Upon principle, this question is too plain, however, to need citation of authority. Dillard v. Collins, 25 Gratt., 345. This evidence was improperly admitted against the objection of the plaintiff, to which she duly excepted, which was error on the part of the trial court.
A young girl, a maiden of unblemished name and fame, is dragged into the polluted air of a municipal canvass, and her reputation and character ruthlessly assailed with false and slanderous assaults upon her virtue and chastity — all for the pitiful reward expected, to blast the good name of his opponent for office, and himself profit by the ruin thus accomplished.
That it has done her no permanent injury in her reputation, nor her adopted father either, and was stamped out by the truth coming to light, is no defence for him. His injury to this young girl was such as entitled her to damages, to exemplary damages not only on her aecoun't, but to punish the offender.
. In such a case the appellate court will not interfere with the verdict of the jury, unless it appears that the yerdiet was plainly extravagant or excessive, which applies ■ equally to an
This is a striking illustration of this rule; a more striking can perhaps not be found. It is so obviously inadequate and unjust as to call for the interference of an appellate court. 'And we are of opinion to reverse the judgment with costs.
Judgment reversed.