Beams v. Beams

• Decision Date: 17 June 1910
• Citation: 138 Ky. 818,129 S.W. 298
• Parties: BEAMS v. BEAMS.
• Court: Kentucky Court of Appeals

129 S.W. 298

138 Ky. 818

BEAMS v. BEAMS.

Court of Appeals of Kentucky.

June 17, 1910

Appeal from Circuit Court, Whitley County.

"To be officially reported."

Action by Nancy E. Beams against Drew Beams. Judgment for plaintiff and defendant appeals. Reversed and remanded.

Faulkner & Sharp, for appellant.

Tye &amp Siler, for appellee.

HOBSON J.

Nancy E. Beams instituted this action against her father, Drew Beams, to recover $5,000 for slander. In her original petition she charged that he spoke of her these words "Bet, did you get my money? I knowed when you were standing there at the head of my bed taking my money." In an amended petition, filed soon after the original, she alleged that the words were these: "Bet, you got my money. I know damned well you did. You were at the head of my bed last night and took it." In a second amended petition, filed about a year afterwards, she alleged that the words were these: "Bet, you stole my money. I know damn well you did. You were at the head of my bed last night and took it." Appellant filed an answer in which the allegations of the petition were traversed. The case came on for trial, and the court required the plaintiff to elect whether she would sue for the words in her original petition or in her second amended petition. She elected to sue for the words in the second amended petition. The proof on the trial showed that Drew Beams was a widower; that his daughter and her husband lived with him, keeping house for him at his request; that he went to a circus and came back drunk; that the next morning he missed from his pocket $10 which he thought he had in his pocket the night before. Plaintiff testified that, when her father missed the money the next morning, he said to her, "Bet, you stole my money;" that she said, "Pap, I ain't seed your money," and commenced crying, and told him she had not come there to rob him, but came to take care of him; that he said he knew when she was standing at the head of his bed that night. She introduced two other witnesses, whose testimony tended to support hers in some measure. On the other hand, the father testified that he missed the money, that he had no thought of charging his daughter with stealing it, but that he simply asked her if she had gotten the money, thinking she had taken it out of his pocket to take care of it for him, or to tease him.

On this evidence the court gave the jury the following instruction "(1) If you believe from the evidence in this case that the defendant, Drew Beams, in Whitley county, Ky. and in the presence and hearing of any person other than the plaintiff falsely and maliciously spoke to her the following words, to wit: 'Bet, you stole my money. I know damned well you did. You were at the head of my bed last night and took it'--or in substance the same as the above words, then you will find for the plaintiff such a sum in damages as you may believe from the evidence will fairly and reasonably compensate her for the injury, if any, to her reputation, as well as for the pain and mental distress, if any, caused to her by reason thereof, and, in addition thereto, you may find for the plaintiff any sum in your discretion as punitive damages which you may...