Weaver v. Darling Stores, Inc.

8 So. 2d 575, 243 Ala. 65, 1942 Ala. LEXIS 180

• Court: Supreme Court of Alabama
• Decided: June 11, 1942
• Docket: 7 Div. 701.
• Status: Published

Opinion

BROWN, Justice.

This' action is by the appellant against two alleged corporations for slanderous words spoken by the manager, of the defendants’ store in Anniston, Alabama, acting within the line and scope of her employment as said manager, falsely and maliciously charging the plaintiff with larceny or shoplifting by speaking of and concerning her in the presence of divers persons. There is an absence of averment in either of the counts that the defendants authorized the speaking of the slanderous words, or subsequently ratified the same. The demurrer which was sustained takes these points.

This ruling was free from error. Luquire Ins. Co. v. Parker, 241 Ala. 621, 4 So.2d 259; Singer Manufacturing Co. et al. v. Taylor, 150 Ala. 574, 43 So. 210, 9 L.R.A.,N.S., 929, 124 Am.St.Rep. 90; National Life Ins. Co. of the United States v. Abernathy, 206 Ala. 26, 89 So. 725.

Affirmed.

GARDNER, C. J., and THOMAS and FOSTER, JJ., concur.