74 Miss. 423 | Miss. | 1896
delivered the opinion of the court.
This is an action of slander brought by appellant (plaintiff in the court below) against appellee (defendant in the court below) to recover damages for injury to character by the speaking and publishing, as is alleged, of slanderous words by appellee of and concerning appellant. The complaint charges that appellee said of appellant, “ Mrs. Furr poisoned me,” to which the defendant pleaded “Not guilty.” On the trial, plaintiff testified that appellee took dinner at her house on one occasion, and she passed him a cup of coffee, and her husband helped his plate. Mr. Speed soon rose from the table, threw the food out of his mouth, said he was sick, and after awhile left the house and premises. Some time after that she heard that he had told in the neighborhood that she had poisoned him. She went to his house, and asked him what grounds he had for believing that. He said he felt like he was poisoned. She asked him what grounds he had to believe that she had
The plaintiff asked a peremptory instruction, which was refused by the court, and plaintiff excepted. We think this instruction was properly refused. There was conflicting testimony in the case sufficient to preclude a peremptory charge. Plaintiff then asked a number of charges, which were given, No. 2 of 'which is in the following words, to wit: “ If the jury believe from the evidence that Speed said to Mrs. Furr, in the presence of other persons, that Mrs. Furr had poisoned him,
These instructions, with others, given for plaintiff, brought the case to a single point for the jury to determine, to wit: Did the defendant speak the words charged in the declaration, or synonymous words conveying the same specific idea, the same identical thought ? If the words charged in the declara
In view of the authorities cited, and numerous others which we have examined, it was error in the court below to charge the jury as asked by defendant in instructions Nos. l.and 3, wherein, by No. 1, the jury are charged: “That before any recovery can be had in this action, the evidence must satisfy the jury, not only that the defendant said that Mrs. Fun-poisoned him, or words of synonymous character, but it must be established, further, • that the words were so spoken by 'the defendant with intent, and that he meant thereby, to say and publish that Mrs. Furr intentionally poisoned him, and was guilty of an attempt to kill and murder him by poisoning him, and, unless such is established by a preponderance of the evidence, the'jury will find for the defendant.” Instruction No. 3 corroborates No. 1, and is erroneous.
We do not concur in the expression of counsel for appellant to the effect that if the words spoken, or alleged to have been spoken and published by defendant, were actionable per se, a peremptory instruction ought to have been given for plaintiff.
The judgment of the court loelow is reversed, a new t/rial granted, and the cause remanded.