was sustained in banc.' And actionable to charge the agent of a stage company, that he [plaintiff] and B., his sub-agent, had altered way-bills and books to screen the plaintiff [innuendo charging forgery], and that plaintiff and B. were together to cheat the company, and they would cheat them out of more than the company can make. Actionable to charge, by writing, a steamboat agent with being an impertinent person and withholding newspapers intrusted to him for the defendants. And it was held actionable to publish orally of a land surveyor、 who surveyed by mathematics, as distinguished from one who measured with a pole, He is a cozening and shifting and a cheating knave; and it was said that the same words of a shoemaker, a butcher, or a baker, would not be actionable, because the goodness or deceit of their wares may be discerned by the eye, but deceit in land measuring could be discovered only by persons skilled in the art; but not actionable to say of a workman, He has received forty days' wages for work that might have been done in ten days, and is a rogue for his pains; nor to say of a smith, Thou art a cozening rogue, and in one tire of wheels which thou didst send to J. S., thou didst cozen him of a noble; for the words import he cozened in the price only, and not in the ill-making of the wheels. And for saying of men in trade who sell things, that they cozen in the price, is no disgrace, for every trader cozens in the price when he sells for more than the thing is worth." Actionable to publish orally of a merchant's 1 Sloman v. Chisholm, 22 Up. Can. Q. B. 20. 2 Gay v. Homer, 13 Pick. 535. 3 Keemle v. Sass, 12 Miss. 499. The language, being published in writing, was actionable as concerning the plaintiff as an individual merely. 4 Blunden v. Eustace, Cro. Jac. 504; London v. Eastgate, 2 Rolle R. 72. 5 Lancaster v. French, 2 Stra. 797. 6 Vin. Abr. Act. for Words, S, a, 24. Thou didst cozen a woman of her goods, held not actionable. (Engurst v. Browne, Cro. Eliz. 99.) And held not actionable clerk, that he [plaintiff] had become such a notorious liar that he [defendant] could place no confidence in him; that he had strong reason to doubt his honesty, and had written S. to employ an officer to watch him.' Actionable to publish orally of a merchant that he is a villain, a rascal, and a cheater. And the following words spoken of the plaintiff as clerk of the firm of defendant and his partner, "Your man [plaintiff] is plotting to blow me [defendant] and the concern [said firm] up," were held actionable. So it has been held actionable to publish orally of an attorney, He is a forging rogue, a cheat, a damned rascal; he will play on both sides, or he deals on both sides,' a bribing knave, and has taken twenty pounds of you to cozen me; he is not a man of integrity, and is not to be trusted; he will take a fee on both sides; he is a cheater, I will have him barred of his practice he deserves to be struck off the roll;" he is a false knave, a cozening knave, and has gotten all that he has by cozenage; he has cozened all those that have dealt with him; he arresteth without taking out writs; he is a knave in his practice;" he offered himself as a witness to 10 6 8 to say of an innkeeper, He is a caterpillar, and lives by robbing his guests. Robbing not construed feloniously. (Vin. Abr. Act. for Words, U, a, 34; ante, § 144, subd. z.) 1 Fowles v. Bowen, 30 N. Y. 20; and see Brown v. Orvis, 6 How. Pr. R. 378 Where the words affect one as merchant's clerk, special damage need not be alleged. (Butler v. Howes, 7 Cal. 87.) Nelson v. Borchenius, 52 Ill. 236. 3 Ware v. Clownoy, 24 Ala. 707. 4 Anon. I Comyn R. 262. Rush v. Cavenaugh, 2 Barr, 187. Brown v. Mims, 2 Rep. Conn. Ct. 235. 'Brown v. Hook, Brownl. 5; Vin. Abr. Act. for Words, S, a, 2, 4; Shire v. King, Yelv. 32; s. c. King v. Shore, Cro. Eliz. 914. Yardley v. Ellis, Hobart, 8, 9; 1 Rolle R. 53. Chipman v. Cook, 2 Tyler, 456. 10 Taylor v. Starkey, Cro. Car. 192. "Dictum, Phillips v. Jansen, 2 Esp. 624. 12 Jenkins v. Smith, Cro. Jac. 586; Bell v. Thatcher, Freeman, 277. 6 4 * * divulge the secrets of his clients; he is a rogue for taking your money, and has done nothing for it; he has not entered an appearance for you; he is no attorney at law, he don't care to appear before a judge; what signifies going to him, he is only an attorney's clerk and a rogue, he is no attorney. Is M. your attorney? He will overthrow your cause.3 I marvel you will employ such a knave as Nicholls, you will have but disgrace by it; he is a proclaimed knave; he is the falsest knave in England; he is a base rogue, and maintains his family by his knavery; he is an extortioner, and cozened A. in a bill of costs; he keepeth many markets and stirreth up men to suits, and promises if he do not recover in their cause he will take no charges, and he once promised me that if he did not recover in a cause he would take no charges of me, yet he afterwards took charges of me;& he deserves to have his ears nailed to the pillory. Thou art a paltry fellow; thy credit is fallen, for thou dealest on both sides, and dost deceive many that trust thee." He suppressed a will;" he is a cozener, and hath cozened me of twenty shillings." He is a cozener, and cozened his clients, and for that cause was discharged the court."3 He is a base, cheating, cozening knave, and hath cheated 1 Riggs v. Denniston, 3 Johns. Cas. 198. ? Hardwick v. Chandler, 2 Str. 1138. 3 Martyn v. Burlings, Cro. Eliz. 589; Golds. 128. 4 Webb v. Nicholls, Cro. Car. 459. 5 Anon. F. Moore, 61; Dal. 63. 6 Shaw v. Wakeman, Vin. Abr. Act. for Words, S, a, 2. Stanley v. Boswel, Cro. Eliz. 603. 8 Smith v. Andrews, Sty. 183. 'Jenkinson v. Wray, F. Moore, 401. 10 Shire v. King, Yelv. 32; s. c. King v. Shore, Cro. Eliz. 914. 11 Godfrey v. Owen, Palm. 21. 12 Litman v. West, Het. 123. 13 Mead v. Perkins, Cro. Car. 261. 2 me as never any man was cheated. He took, corruptly,· five marks of B. T., being against his own client, for putting off an assize against him. Thou art a common barrator, a Judas, a promoter.3 He sets people together by the ears, and we shall have him indicted for a common barrator. You are a knave; you were attorney for my mother against my husband, and set her on to sue him, and made him spend £1,000, and such knaves as you are have made my husband spend almost all his estate. And actionable to say of a counsellor, "He will deceive you; he revealed the secrets of my cause. It is actionable to publish in writing of an attorney employed to defend a prisoner, that on the trial he sent important witnesses away without the knowledge of his client or of counsel; or that he has been reprimanded for sharp practice. "I was so incensed with that girl [plaintiff ] for coming to hire with me, after having had a miscarriage at Mrs. B.'s house, and she afterwards to give the girl a good discharge." These words spoken of a domestic servant, held actionable per se.? 8 $193. Language of one in a business or profession, which imputes to him ignorance generally in his business or profession, or such ignorance or other incapacity as unfits him for its proper exercise, is actionable; " as to 'Jeffryes v. Payhem, Cro. Car. 510. 2 Smayles v. Smith, Brownl. I. Taylor v. Starkey, Cro. Car. 192. Annison v. Blofield, Carth. 848. ΤΟ Boydell v. Jones, 4 M. & W. 446. Held not actionable to say orally of an attorney, "He is a paltry lawyer" (Rich v. Holt, Cro. Jac. 267); but actionable to say orally, “He is a pettifogging, blood-sucking attorney." (Armstrong v. Jordan, Carlisle Assizes, 1826.) Connors v. Justice, 13 Ir. C. L. R. 451; 7 Ir. Jur. N. S. 319. 20 Jones v. Powell, 1 Mod. 272; Peard v. Jones, Cro. Car. 382; Camp v. Martin, 23 Conn. 86; Day v. Buller, 3 Wils. 59; Garr v. Selden, 6 Barb. 416. say of a physician or an apothecary, "It is a world of blood he has to answer for in this town through his ignorance; he did kill a woman and two children. He was the death of J. P.; he killed his patient with physic;" or, "Dr. A. killed my children; he gave them teaspoon doses of calomel, and it killed them. * * * They died right off the same day;" or, "He has killed the child by giving it too much calomel;" or, "He has killed six children in one year;" or, " He is a drunken fool and an ass, he never was a scholar; 995 or, 2 4 "I wonder you had him to attend you; do you know him? He is not an apothecary; he has not passed any examination; he is a bad character, none of the medical men here will meet him; several have died that he has attended, and there have been inquests held upon them;" or, killed my child, it was the saline injection that did it ;' or, "He is an empirick and a mountebank;"8 or, a quack;" or, "He is a quack, and if he shows you a Tutty v. Alewin, 11 Mod. 221; and see note 2, p. 239, ante. or, "He 7 3 Johnson v. Robertson, 8 Porter, 486; see dictum March v. Davison, 8 Paige, 580. To charge a physician with having killed a patient with physic, held not actionable. (Poe v. Mondford, Cro. Eliz. 620.) "In my opinion, the bitters that A. [plaintiff, a physician] fixed for B. [his patient] were the cause of his death," held not actionable; but the words, "The bitters that Dr. J. [plaintiff] gave John Smith caused his death; there was poison enough in them to kill ten men," held actionable. (Jones v. Diver, 22 Ind. 184.) 6 Southee v. Denny, 1 Ex. 196; 17 Law Jour. R. 151, Ex. Alleging that a physician is not entitled to practice, as not being duly licensed, may be actionable. See Collins v. Carnegie, 3 Nev. & M. 703; 1 Ad. & El. 695. And charging a physician with being guilty of conduct derogatory to the character of a gentleman and of a medical man, held actionable. (Bailey v. Abercrombie, 3 Menzies' R. N. S. 33.) (Edsall v. Russell, 4 M. & G. 1090.) The words impute manslaughter. * Vin. Abr. Act. for Words, S, a, 12. Publishing in writing of a barrister that he was a quack lawyer and a mountebank and an impostor, is actionable. (Wakley v. Healey, 7 C. B. 591.) 'Pickford v. Gutch, Dorchester Assizes, 1787; White v. Carroll, 42 N. Y. 161. |