22 Wis. 625 | Wis. | 1868
The defamatory words alleged to have been spoken concerning the plaintiff, set out in the first paragraph or count of the complaint, are the following: “I (the defendant) have lost your chain. I think Talmadge (the plaintiff) picked it up. He is in the habit of picking up things. He stole a fleece of wool from Lloyd when there shearing sheep.” In the second count the words are: “ Talmadge would steal anything that he could get hold of. He stole wool of Lloyd.” In his answer, the defendant justified so far as related to the charge of stealing the wool, and further stated and alleged that the plaintiff had been guilty of various acts of larceny. On the trial, the defendant gave evidence tending to prove the truth of the charge in regard to stealing the wool, and also offered to prove the specific instances of larceny detailed in the answer. This last testimony was objected to, and excluded by the court; and the only question in the case about which we have had any doubt was, whether this testimony, under the pleadings, was not admissible. This will depend upon the actionable words
Several objections have been taken to the instructions of the court; but we think they are substantially correct. But for the error in excluding the evidence offered to prove the various acts of larceny mentioned in the answer, there must be a new trial.
By the Court. — The judgment of the circuit court is reversed, and a new trial ordered.