¶1Held, That the instruction was wrong. That evidence of the repetition of the slander is admissable to prove the alleged malice, but not to aggravate the damages. — Forbes v. Myers, 8 Blackf. 74; Lanter v. McEwen, Id.
¶2Judgment reversed.
1 Smith & H. 7
Burson v. Edwards
Decided May 15, 1848
Indiana Supreme Court · decided 1848-05-15
Slander. Plea, not guilty. Verdict and judgment for the plaintiff. The Court instructed the jury inter alia as follows : “ The facts of uttering the slanderous words at divers times show malice, and ought to be taken in view by the jury in aggravation of damages.”
Relies on Forbes v. Myers
Decided 1848-05-15