8 S.E.2d 532 | Ga. Ct. App. | 1940
Lead Opinion
1. The court did not err in overruling the demurrer to the petition as amended.
2. The evidence supported the verdict, and the special assignments of error do not require a reversal.
"Words which are clearly not defamatory can not have their meaning enlarged by innuendo. Words which are libelous per se need no innuendo. Between these extremes lies the case of ambiguous language, where it is for the injury to say whether, in view of the facts charged, the publication amounted to a libel."Central of Ga. Ry. Co. v. Sheftall,
"Damn with faint praise, assent with civil leer, And without sneering teach the rest to sneer; Willing to wound, and yet afraid to strike, Just hint a fault, and hesitate dislike."
Only in this there was no faint praise in the present language, but words whose meaning and use were such that a court may not say they are clearly harmless, but which a jury may say have the meaning alleged. The demurrer was properly overruled. The evidence supported the verdict.
Judgment affirmed. Guerry and MacIntyre, JJ., concur.
Dissenting Opinion
The petition, properly construed (most strongly against the pleader), is based solely on the contention that the alleged slanderous statements of the defendant *312
charged or imputed that the plaintiff was guilty of the specific crime of operating a lewd house for the practice of fornication or adultery. No special damages were alleged in the petition; and "if merely fraud, dishonesty, immorality, or vice be imputed, no action lies without proof of special damage." (Italics mine.) Roberts v. Ramsey,