Harmon v. Liss
| Decision Date | 15 September 1955 |
| Docket Number | No. 1595.,1595. |
| Citation | 116 A.2d 693 |
| Parties | George HARMON and Clara Harmon, Appellants, v. Benjamin LISS, Colonial Investment Co., and Richard Covill, Appellees. |
| Court | D.C. Court of Appeals |
Jacob N. Halper, Washington, D. C., for appellees Colonial Inv. Co., and Richard Covill.
Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.
George and Clara Harmon sued defendants, appellees herein, for damages resulting from an unlawful entry and, in a separate count, sued appellee-defendant Liss for slander. The first count of the complaint charged defendants with the unlawful and malicious entering of appellants' apartment resulting in the taking of certain personal property. The second count alleged that an agent or servant of defendant Liss, while acting within the scope of his employment and in the presence of others, uttered certain false and defamatory words in referring to property located in appellants' premises, i. e., "That is stolen property and I have come to get it", resulting in further damage to appellants.
Mrs. Harmon testified that upon returning to her third-floor apartment on September 2, 1953, she found missing therefrom a television set and table, a silverware set, and a woman's suit. Defendant Covill, manager of the premises for defendant Colonial Investment Company, informed her that on that same day he had received a complaint from another tenant relative to a water leak. In order to investigate the possibility of the leak emanating from appellants' apartment the services of a locksmith were secured to unlock the door. While conducting his investigation within the apartment, one Clark W. Ham, defendant Liss, and the locksmith came to the door of the apartment. Ham exhibited the credentials of a detective of the Metropolitan Police Department and stated to Covill, in the presence of the locksmith, "There is some stolen property here and I've come to get it." The detective then removed the television set and table from the apartment.
Detective Ham, testifying on behalf of appellants, stated that he was employed by Liss to repossess property during his off-duty hours; that he went to appellant' apartment to repossess a television set and table at the request of Liss and, meeting Covill and the locksmith downstairs, proceeded with them to the apartment. He testified that Liss did not accompany him on his mission and on cross-examination denied uttering the precise words, "I've come after a stolen television set."
Defendant Covill was called as a witness by appellants and corroborated the testimony of Mrs. Harmon pertaining to the reason, and the means used, for securing entrance to the apartment. However, he testified that in accompanying the locksmith to the apartment in order to open the door, they met a man on the third-floor landing who exhibited a folder containing his photograph and other data identifying him as Detective Ham of the local police department. The witness, testifying that he did not know where the police officer came from, stated that the officer said, "I've come after a stolen television set", and then read off the serial number of the set. The group consisting of the police officer, the complaining tenant, the locksmith and the witness entered the apartment. The television set and table were then taken by Ham.
Although Liss testified that he employed Ham to repossess the television set and table, it was his contention that the same had been merely rented to appellants with the understanding that if regular payments were made, the transaction would be changed to one of outright sale. In support of this argument, Liss introduced in evidence a rental agreement whereby he was given a "right-of-way" to appellants' premises, authorizing the use of force, if necessary, in order to repossess the property. Rebutting this, appellants produced an account card issued by Liss evidencing receipt of various payments and indicating a balance due on the set.
At the close of the evidence both sides submitted instructions to the trial judge who, after hearing argument on them, instructed the jury. A verdict in the amount of $300 was returned for appellants against Liss on the count of unlawful entry. This was later nullified by the trial court's granting Liss' motion for judgment notwithstanding the verdict. Further, the jury found for defendant Liss on the slander count.
At the outset it should be noted that although defendants Covill and the Colonial Investment Company are parties to this appeal, appellants informed this court at oral argument that appeal was being taken solely from the judgments entered for defendant Liss. Our disposition of the case requires the discussion of two questions, namely, whether the trial court's instructions to the jury clearly stated the law pertaining to slander, and whether the trial judge erred in granting defendant Liss' motion for judgment notwithstanding the verdict
It is essential that we first dispose of the argument of Liss that the words attributable to Ham were not slanderous per se, and, in doing so, we need but apply the principle set forth in Friedlander v. Rapley, 38 App.D.C. 208, 212, wherein it was said that words spoken of another must, in order to be actionable per se, "* * * impute to him (plaintiff) the commission of some criminal offense for which he may be indicted and punished, if the charge involves moral turpitude and is such as will injuriously affect his social standing", or, as was said in Caldwell v. Hayden, 42 App.D.C. 166, the question is whether, from the language attributed to defendant, there is something from which the commission of a crime involving moral turpitude can be inferred. Applying the criteria of these cases, we believe that persons of...
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Hutchinson v. Proxmire, 76-C-257.
...and privilege for the jury. The Restatement (Second) of Torts, an authority that is followed in the District of Columbia, Harmon v. Liss, 116 A.2d 693 (D.C.Mun. 1955), suggests that the only effect of a finding that a publication is libelous per se is to place the burden of establishing tru......
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Stovell v. James, Civil Action No. 10–1059 (CKK).
...father” do not defame Stovell unless the people who heard them could have understood them as referencing Stovell. See Harmon v. Liss, 116 A.2d 693, 695 (D.C.1955) (“[T]he person slandered need not be specifically named in the defamatory language as the surrounding circumstances may be such ......
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Ray v. American Nat. Red Cross, 93-CV-759.
...105 F.2d 457, 460 (1939). Confusing, if not contradictory, jury instructions may rise to the level of reversible error. Harmon v. Liss, 116 A.2d 693, 696 (D.C. 1955); see also Midwest Precision Servs., Inc., v. PTM Indus., Corp., 887 F.2d 1128, 1136 (1st Cir.1989) (noting that the principal......
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Ray v. American Nat. Red Cross
...105 F.2d 457, 460 (1939). Confusing, if not contradictory, jury instructions may rise to the level of reversible error. Harmon v. Liss, 116 A.2d 693, 696 (D.C.Mun. 1955); see also Midwest Precision Servs., Inc., v. PTM Indus., Corp. 887 F.2d 1128, 1136 (1st Cir.1989) (noting that the princi......