Singer Mfg. Co. v. Taylor

• Decision Date: 19 December 1906
• Citation: 43 So. 210,150 Ala. 574
• Parties: SINGER MFG. CO. ET AL. v. TAYLOR.
• Court: Alabama Supreme Court

43 So. 210

150 Ala. 574

SINGER MFG. CO. ET AL. v. TAYLOR.

Supreme Court of Alabama

December 19, 1906

Rehearing Denied March 2, 1907.

Appeal from City Court of Birmingham; C. W. Ferguson, Judge.

Action by Julia E. Taylor against the Singer Manufacturing Company and another. From a judgment for plaintiff, defendants appeal. Reversed and remanded.

Action for slander, begun by appellee against the Singer Manufacturing Company, a corporation, and Chas. Allen jointly. There were numerous counts to the complaint, but the cause was tried upon counts 5, 6, 7, and 8. These allege that the plaintiff had occasion to go to the office of the agent of the corporation who had charge of the business of the corporation, to wit, Allen, and who, acting in the line and scope of his employment and within his authority as such agent, said of the plaintiff: "You are a thief. I know you. I cannot be mistaken." Some of the counts allege that in using these words Allen was acting within the line and scope of his authority and employment, and for and on behalf and in the interest and for the benefit of the corporations. Other counts allege, in addition to these averments, that Allen's acts and sayings were ratified by the corporation, and that the corporation approved these words. Demurrers were interposed, raising the question of a misjoinder of parties defendant, and of the inability to require the corporation to answer for the acts of its agent in this character of suit, and other questions not considered in the opinion of the court. These questions were all presented by objections to testimony on the part of the corporation, and presented by refused charges requested by each defendant in writing. Issue was joined upon the general issue and the statute of limitations of one year. There was verdict and judgment for plaintiff against both defendants.

Ward &amp Drennen, for appellants.

B. M Allen, for appellee.

TYSON C.J.

This action was brought against a corporation and its agent for slander. It is alleged in the complaint that the agent "while acting as agent for the defendant company and in line of his duty as such agent, falsely and maliciously charged the plaintiff with larceny, by speaking of and concerning her, in the presence of divers persons: 'You are a thief. I know you.' " "The current of authority now is that corporations are responsible civilly the same as natural persons, for wrongs committed by their officers or agents in the course of their employment, or which are authorized or subsequently ratified." Jordan v. A. G. S. R. R. Co. 74 Ala. 85, 49 Am. Rep. 800. Accordingly actions have been maintained against corporations for malicious prosecutions and libel, as well as other torts too numerous to be mentioned. The offense of slander is essentially single, differing in this respect from libel. In Cooley on Torts, p. 124, it is said: "Some wrongs are in their nature necessarily individual, because it is impossible that two or more should together commit them. The case of the oral utterance of defamatory words is an...