Turnage Ex Rel. Goulding v. New Bern Consistory No. 3

3 S.E.2d 8, 215 N.C. 798, 1939 N.C. LEXIS 383

• Court: Supreme Court of North Carolina
• Decided: May 31, 1939
• Status: Published

Opinion

Per Curiam.

At tbe close of plaintiiFs evidence and at the conclusion of all the evidence, the court below overruled the motions made by-defendants for judgment as in case of nonsuit. 0. S., 567.

The defendant also demurred ore tenus to the complaint and to the evidence and moved to dismiss the action. These motions cannot be sustained. We think the language spoken by Rawls and set forth in the complaint, and repeated in the presence of others, was such defamatory words as amounted to slander. That Rawls, who spoke the language, was about his master’s business. We think that New Bern Consistory No. 3 is not immune from an action like the present because it gives its net profits, derived from its operation of a moving picture show, to crippled children’s hospitals. It must be just before being generous.

In the judgment of the court below, there is

No error.