Eden v. Legare

Decided May 15, 1791

Pennsylvania Court of Common Pleas · decided 1791-05-15

SLANDER, for calling the plaintiff a mulatto. The defendant in this case attempted to justify, but failed in his justification. He then contended the words -were not in themselves actionable ; and if not actionable, that he was not subject to damages, unless a special loss had been proved. But the

Cited by 1 later decisions — most recently February 1957

1 state decisions

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Decided 1791-05-15

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Court

¶1resolved, that the words in themselves were, in this country, actionable, and

Rutledge, Ch. J.

¶2mentioned several cases where it had been formerly held that an action lay for them j because, if true, the party would be deprived of all civil rights, and moreover, would be liable to be tried in all cases, under the negro act, without the privilege of a trial by jury. Any words, therefore, which tended to subject a citizen to such disabilities, were actionable.

¶3As the plaintiff did not go for vindictive damages, but only to vindicate himself from slander,

¶4Jury found Si. damages, and costs.

Chief Justice, Burke, and Bay, present.