Walton v. Frost

Supreme Court of Rhode Island

Walton v. Frost

46 A. 680, 22 R.I. 157, 1900 R.I. LEXIS 69

DecidedJune 9, 1900

StatusPublished

This text of 46 A. 680 (Walton v. Frost) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walton v. Frost, 46 A. 680, 22 R.I. 157, 1900 R.I. LEXIS 69 (R.I. 1900).

Pincite

Opinion

Per Curiam.

1) The declaration in this case, which is an action for slander, does not set out words which are actionable per se. They were, in substance, that the defendant would tell the superintendent about the plaintiff’s taking sleeve-lining out of the mill. These words might only refer to a violation of the rules of the mill. They do not necessarily imply larceny. To make the words a foundation for an action of slander, facts must be set forth, in a colloquium, which would show that the words spoken could only have been understood to apply to a felonious taking. Richmond v. Loeb, 19 R. I. 120; Blake v. Smith, 19 R. I. 476, 481.

The cases relied on by the plaintiff are those where the words were actionable per se, or where they were explained by a colloquium.

Demurrer sustained, and case remitted.

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Per Curiam.

1) The declaration in this case, which is an action for slander, does not set out words which are actionable per se. They were, in substance, that the defendant would tell the superintendent about the plaintiff’s taking sleeve-lining out of the mill. These words might only refer to a violation of the rules of the mill. They do not necessarily imply larceny. To make the words a foundation for an action of slander, facts must be set forth, in a colloquium, which would show that the words spoken could only have been understood to apply to a felonious taking. Richmond v. Loeb, 19 R. I. 120; Blake v. Smith, 19 R. I. 476, 481.

The cases relied on by the plaintiff are those where the words were actionable per se, or where they were explained by a colloquium.

Demurrer sustained, and case remitted.

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Bluebook (online)

46 A. 680, 22 R.I. 157, 1900 R.I. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-frost-ri-1900.