Peters v. Barth

• Decision Date: 18 April 1899
• Citation: 50 S.W. 682
• Parties: PETERS et ux. v. BARTH et ux. [1]
• Court: Kentucky Court of Appeals

50 S.W. 682

PETERS et ux. v. BARTH et ux. ^[1]

Court of Appeals of Kentucky.

April 18, 1899

Appeal from circuit court, Jefferson county, law and equity division.

"Not to be officially reported."

Action by William and Elizabeth Peters against George F. and Louise Barth for slander. Judgment for defendants, and plaintiffs appeal. Affirmed.

Phelps & Thum, for appellants.

Barnett, Miller & Barnett, for appellees.

PAYNTER, J.

The slanderous words which Mrs. Barth is alleged to have used concerning Mrs. Peters are as follows: "She is a damned slut, she is a damned bitch, she is a damned sow, and those who know her know that she is no account." It is averred that Mrs. Barth meant, by the use of the expressions quoted, to charge, and it was so understood by those who heard the utterances as an intention to charge, that Mrs. Peters was an improper, indecent, and unchaste character, who indulged in vile and improper practices, and that she was not worthy of the association of the people. There are no preliminary averments of distinct substantive facts, and no colloquia,--therefore nothing to show that the expressions were employed in the particular sense which would render them actionable. The rule is well settled in this state that the innuendo cannot give a meaning broader than that which the words naturally bear, unless connected with proper introductory averments. It is said in Watson v. Hampton, 2 Bibb, 319, that: "An innuendo cannot extend the meaning of words beyond their natural import. It is only explanatory of some matter already expressed. It may show the application, but cannot add to or enlarge or change the sense of the words." It is said in Craig v. Pyles (Ky.) 39 S.W. 33, that the words, "She is a dirty bitch; she has no character, and is no account,"--are not actionable. That case is decisive of the question here involved. The judgment is affirmed.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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