Phythian v. Raison

• Decision Date: 02 May 1906
• Citation: 92 S.W. 591
• Parties: PHYTHIAN v. RAISON.
• Court: Kentucky Court of Appeals

92 S.W. 591

PHYTHIAN v. RAISON.

Court of Appeals of Kentucky.

May 2, 1906

Appeal from Circuit Court, Campbell County.

"Not to be officially reported."

Action by John L. Phythian against C. L. Raison, Jr. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

Hodge &amp Wolff, for appellant.

C. L Raison, Jr., pro se.

HOBSON C.J.

John L Phythian has been for some years one of the trustees of the Speers Memorial Hospital in Dayton, Ky. He brought this action to recover damages of C. L. Raison, Jr., for writing and publishing concerning the acts and doings of Phythian and his co-trustees, and reviewing their conduct, in which occurred the following words: "Of course, Mr. Kennedy had to make his statement from the books as they appear; but it occurs to me that the proper entries were not made in the books as to certain items, or were omitted to be made, so that the books do not present proper data from which to make a proper comparative statement." He charged that thereby the defendant intended to charge the trustees with having falsified their books, thereby charging him with malfeasance in his trust. He alleged that the charges were utterly false, and made with the design to discredit him and his co-trustees in character. The circuit court sustained a demurrer to the petition, and he appeals.

In a written opinion, the learned circuit judge said: "Many words and statements are libelous that would not be actionable as slander. It is not necessary that the language impute to a person about whom it is made the commission of a crime, or anything that would subject him to penal or criminal prosecution. It is sufficient if the language tends to disgrace or degrade a person, or make him odious ridiculous, or contemptible. It is elementary doctrine that the words charged to be libelous must be taken in their natural meaning, and be considered according to the ordinary usage of the language employed, and that the meaning or import of the language cannot be enlarged or extended by the pleader, so as to make that actionable which otherwise would not be. In my opinion, the language alleged to be libelous is not actionable. It does not charge that the books, or any entries therein, were intentionally or fraudulently or with any improper purpose kept or made; nor does it charge any lack of good faith or honesty on the part of plaintiff in making the entries or in keeping the books; nor is...