¶1tto the jiua-y: If the evidence' satisfies you- the-words, were spoken- within a. year before the date of the writ, the plaintiff wi'1'1. have a right to recover;: but in determining that question, under the pleadings, you- should lay out of view all words spoken-more, than a year before the writ. But if the words are proven to have been- spoken within the year, and the plaintiff’s right is thus established, you may then-take info.-view words spoken more-than a year, to show the degree of malice which influenced the slanderer and to aggravate the damages.
1 Wright 746
Flamingham v. Boucher
Decided November 15, 1834
Ohio Supreme Court · decided 1834-11-15
<p>Slander — statute of limitations — notice—aggravation.</p> <p>On a plea of the statute of limitations in slander, the jury must exclude from view words which are barred by the statute, in determining the plaintiff’s right to recover; but that right established, they may consider the words barred, to show malice and in aggravation of damages.</p>
Decided 1834-11-15