Halliday v. Cienkowski

Supreme Court of Pennsylvania

Halliday v. Cienkowski

3 A.2d 372, 333 Pa. 123, 1939 Pa. LEXIS 695

CourtSupreme Court of Pennsylvania

DecidedDecember 6, 1938

DocketAppeal, 244

StatusPublished

Cited by6 cases

This text of 3 A.2d 372 (Halliday v. Cienkowski) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Halliday v. Cienkowski, 3 A.2d 372, 333 Pa. 123, 1939 Pa. LEXIS 695 (Pa. 1938).

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Opinion

Per Curiam,

This is an appeal from the refusal to take off a judgment of nonsuit in an action of trespass for slanderous words. To the opinion of the court below * may he added the following cases, representative of the supporting decisions in other jurisdictions: De Santo v. De Nicola, 99 Conn. 717, 122 A. 708, and Warren v. Ray, 155 Mich. 91, *124 118 N. W. 741, both holding that such words are not libelous per se in the absence of special circumstances showing that the words were not used in their ordinary-meaning; and Terwilliger v. Wands, 17 N. Y. 54, holding that mental distress and consequent physical illness do not constitute special damages recoverable where the words used are not actionable per se.

Judgment affirmed.

*

Halliday v. Cienkowslei, 32 D. & C. 410.

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Per Curiam,

This is an appeal from the refusal to take off a judgment of nonsuit in an action of trespass for slanderous words. To the opinion of the court below * may he added the following cases, representative of the supporting decisions in other jurisdictions: De Santo v. De Nicola, 99 Conn. 717, 122 A. 708, and Warren v. Ray, 155 Mich. 91, *124 118 N. W. 741, both holding that such words are not libelous per se in the absence of special circumstances showing that the words were not used in their ordinary-meaning; and Terwilliger v. Wands, 17 N. Y. 54, holding that mental distress and consequent physical illness do not constitute special damages recoverable where the words used are not actionable per se.

Judgment affirmed.

*

Halliday v. Cienkowslei, 32 D. & C. 410.

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3 A.2d 372, 333 Pa. 123, 1939 Pa. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halliday-v-cienkowski-pa-1938.

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