Ranson v. West

• Decision Date: 25 April 1907
• Citation: 125 Ky. 457,101 S.W. 885
• Parties: RANSON v. WEST.
• Court: Kentucky Court of Appeals

101 S.W. 885

125 Ky. 457

RANSON v. WEST.

Court of Appeals of Kentucky.

April 25, 1907

Appeal from Circuit Court, Christian County.

"To be officially reported."

Action by S. A. Ranson against J. M. West, for libel. From a judgment sustaining a demurrer to the petition, plaintiff appeals. Affirmed.

C. H Bush, for appellant.

Breathitt & Bell, for appellee.

HOBSON J.

S. A Ranson was a common school trustee in Christian county, and was succeeded by J. M. West. After West entered upon his duties as trustee, the following letter was written to the county school superintendent, Miss Katie McDaniel "Crofton, Ky. October 15, 1904. Miss Katie: Inclosed you will find statement of appraisers of the work S. A. Ranson did for our district. The people complain so much that we the board of trustees, decided to have this done to assist you in making him pay back to the district the money that belongs to them. He also spent a considerable amount of money collected for incidental purposes unjustly. You will please have him to itemize his whole account, so we will know how it was spent. He has got us charged about five dollars for coal. All who saw it say there was about fifteen bushels. We hope you will see about this at once, as we need the money to pay for stove. J. M. West, J. F. Haskins." Ranson then filed this suit against West to recover damages, charging that West had written the letter wrongfully, unlawfully, and maliciously, with intent to injure and destroy his good name. He also made this allegation: "That the words written and published aforesaid were without any lawful justification or excuse, and by reason of which he has been greatly injured," etc. The circuit court sustained the defendant's demurrer to the petition, and the plaintiff appeals.

In McGee v. Wilson, 16 Ky. 187, this court said: "It does not follow that the libel is not actionable because words of similar import when spoken are held not to be so; for the rule with respect to written slander is different from that which prevails when it is only verbal. Words, to be actionable when spoken of a person not in any office, trade, or profession, must imply the imputation of an offense which would subject him to corporal, or other infamous punishment; but words, when written, if they tend to degrade or disgrace, or to render odious or ridiculous the person of whom they are written, will be libelous, and consequently actionable." The same rule was announced in Shelton v. Nance, 46 Ky. 129, and in Riley v. Lee, 88 Ky. 610, 11 S.W. 714, 21 Am.St.Rep. 358, the court, after referring to the authorities on the question, thus laid down the rule: "So it may be regarded as thoroughly settled that if the written or printed publication tends to degrade the person about whom it is written or printed (that is, if it tends to reduce his character or reputation in the estimation of his friends or acquaintances or the public from a higher to a lower grade), or if it tends to disgrace him (that is, if it tends to deprive him of the favor and esteem of his friends or acquaintances, or the public, or to render him odious, ridiculous, or contemptible in the estimation of his friends or acquaintances, or the public), it is per se actionable libel." Under the rule thus laid down, the words sued for are actionable. It remains to consider whether they were privileged. The letter shows on its face that it was a report from the trustees of the district to the school superintendent. The common school trustee is an officer elected by the people. He performs his duties under the direction of his superior, the county superintendent. When he goes out of office, he must within 10 days thereafter deliver to his successor any money, property, or papers in his custody as trustee. The county superintendent must decide all questions of difference or doubt touching the duties of the trustees, and direct them in discharging their duties. Appeals may be taken to the county superintendent from the action of the trustees. See Ky. St. 1903, §§ 4418, 4450, 4456. It is the duty of trustees to report to the superintendent matters concerning the district on which his direction is sought. If Ranson had not turned over to his successor the money of the district, or if he had improperly paid out the money for purposes not authorized, or if he had charged the district for coal which he did not deliver, these were proper matters for the trustees to bring to the notice of the superintendent, that he might investigate the matter and take such action as would protect the interests of the district, or cause it to be taken. It being within the scope of the trustees' duties to furnish this information to the superintendent, are they liable if they so do?

Privileged communications are divided into two classes: "(1) C...