Rahauser v. Barth

Decided September 15, 1834

Supreme Court of Pennsylvania · decided 1834-09-15

- In an action of slander, in which the plaintiff in errpr was the plaintiff below, the declaration set forth, that the Rev. C. G. Schwerger Barth, the defendant, uttered the following words of the plaintiff as a minister of the gospel: “ That it was against the will of Mrs Boyer, the widow of the Rev. John Boyer, and that if he [the Rev. Daniel Rahauser meaning] said he [meaning the said Rev. Daniel Rahauser] preached the funeral sermon, he [meaning the said Rev. Daniel…

Decided 1834-09-15

Per Curiam.

¶1Though it is by no means clear that the amendment would have made the words actionable, without an averment that the plaintiff had in fact preached the funeral sermon alluded to; yet it was demandable of right, and ought to have been allowed. Slanderous words- must be set out in the language in which they were spoken ; and the leave required went no further than to enable the defendant to comply with the rule by doing so. No change in substance was proposed; and it is not easy to imagine an objection.

¶2Judgment reversed.