137 Ga. 225 | Ga. | 1911
Mary Nicholson filed her petition against James S. Dillard, in which it was alleged that the defendant did fhlsely and maliciously say of plaintiff to Mr. C. H. McGlaun, who had called on petitioner in behalf of petitioner’s application to teach school: “That under-the circumstances I can not send to her (meaning petitioner) ; that her (meaning petitioner’s) character was not good; (meaning that petitioner was not virtuous); that my daughter, Claudie Dillard, had heard things concerning her (meaning petitioner’s) character, and that she (meaning his daughter Claudie) would not go to her (meaning petitioner) unless I made her (mean
At common law an action of slander could not be maintained for imputing want of chastity to a female, in the absence of an allegation of special damages; for such language at common law to be actionable per se, the words must impute some crime or misdemeanor. Note to Battles v. Tyson, 24 L. R. A. (N. S.) 577, 578 (77 Neb. 563, 110 N. W. 299). 1 Odgers on Libel and Slander, *86, *87, *88 (Am. ed. 1887, from 2d Eng. ed.); Townshend on Slander and Libel (4th ed. 1890), § 172, and cases cited. And this probably accounts for the decisions in some. States where certain slanderous words are held not actionable; for, in the absence of statutes so declaring, the lack of chastity was not punishable at common law. At common law it was held that to charge that the plaintiff had a bastard child was not actionable, for she was not punishable in the temporal courts, nor under 18 Eliz., unless the child was rightly chargeable to the parish. 2 Salk. 694; 2 Ld. Raym. 1004. In our State, before the statute (and code), only words imputing a crime were actionable per se. Pledger v. Hathcock, 1 Ga. 550. Words imputing the crime of fornication were held actionable per se, in Richardson v. Roberts, 23 Ga. 215, 221 (8). And the following words were held slanderous and actionable: “She is a girl of bad character; I believe her to be a whore.” Beggerly v. Craft, 31 Ga. 309 (76 Am. D. 687). Words alleged to have been spoken are to be taken in the sense which is most natural and obvious, and in which those to whom they are spoken will be sure to understand them. 1 Ga. 550, supra. In the case of Henry v. Moberly, supra, it was held that to say of a schoolteacher, “her character and conduct were not such as would give her a right influence over her pupils, and that she knowingly claimed wages not
Judgment reversed.