82 Wis. 73 | Wis. | 1892
The slanderous words are alleged to have been spoken in German in the presence and hearing of Regez and others who understood the German language and the words used. The complaint sets out the German words so spoken, and also the translation of the same into English, and is clearly sufficient. Pelzer v. Benish, 67 Wis. 291; Singer v. Bender, 64 Wis. 169; Simonsen v. Herold Co. 61 Wis. 626; K. v. H. 20 Wis. 239; S. C. 91 Am. Dec. 397; Zeig v. Ort, 3 Pin. 30. Tested by the translation, the
The contention is that there is a fatal variance between the words alleged and those proved. There is plenty of evidence tending to prove that the defendant Mary, at Monroe, in the presence and hearing of Eegez, and while addressing him and others in the German or Swiss-German language, spoke of and concerning the plaintiff words which, when translated into English, were as follows: “ He has stolen cheese,” and other words to the same effect; that at the same place, and in the same presence and hearing, the said Mary said to the plaintiff personally, in the German or Swiss-German language, words which when translated into English were as follows: “You have stolen cheese,” and other words to the same effect. Thus the plaintiff proved the very words alleged in English, and several other expressions of substantially the same import. It is true the precise German words alleged were not proved, but there is no evidence that the English translation alleged is not substantially correct, and we cannot assume, as a matter of law, that such translation is incorrect merely because the evidence shows that substantially the same translation is given to somewhat different German of Swiss-German words. This court has held, in effect, in one of the cases ‘cited, that, even when the German words alleged are actionable per se, yet, if the English translation is not, the complaint is insufficient. In other words, the sufficiency of the complaint is to be tested by the English translation
By the Court. — The judgment of the circuit court is reversed, and the cause remanded for a new trial.