Public-domain · open source
OpenJurist

80 Minn. 315

Johnson v. Force

Supreme Court of Minnesota

Decided June 25, 1900

Supreme Court of Minnesota · decided 1900-06-25

Appeal by defendant from an order of the district court for Hennepin county, Brooks, J., overruling a. demurrer to the complaint.

Relies on Stroebel v. Whitney · Richmond v. Post · Reitan v. Goebel

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-06-25

How this case has been cited

Cited by 5 later decisions — most recently May 1952

5 state decisions

30190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

00 LEINS, J.

¶1Action for defamation. The court below overruled a general demurrer to the complaint. We need not spread out in this opinion the alleged defamatory language as found in this pleading, for the paper book is on file, and may be examined, if necessary.

¶2It was well said in Stroebel v. Whitney, 31 Minn. 384, 18 N. W. 98, that it is not necessary, in order to render words actionable per se, that they must necessarily bear a criminal import. If the words, in their ordinary acceptation, would naturally and presumably be understood as imputing a charge of crime, they are prima facie actionable. This very sensible rule has been approved in Richmond v. Post, 69 Minn. 457, 72 N. W. 704, and again in the recent case of Radke v. Kolbe, 79 Minn. 440, 82 N. W. 977. In Reitan v. Goebel, 33 Minn. 151, 22 N. W. 291, the court laid down the rule that words charging an unmarried female with incontinence are actionable per se. It would be a very innocent person who could doubt, reasonably or otherwise, the signification, in their ordinary acceptation, of the words alleged to have been uttered by defendant; or who could doubt that they would be generally understood as charging plaintiff, an unmarried woman, with incontinence, — in other words, that she had repeatedly committed the crime of fornication with the speaker.

¶3It is wholly immaterial that, according to the lexicographers, the words used, when taken by themselves and independently, do not impute crime. We are to take into consideration all that was said, and the connection and circumstances. Oharges of unchaste conduct on the part of a female are-frequently made by indirection or insinuation, and without the use of plain words; but the slander is fully as despicable, and the defamation quite as complete, when they are intended to convey and do convey to the minds of the hearers the meaning that the unmarried woman of whom they are spoken is guilty of fornication, as it is when the plainest and most direct *317language is employed. There are some cases in this country, we regret to say, which do not sustain the position taken in either of the cases cited. A sense of decency to the public at large and of justice to every woman whose character is assailed in such a manner compelled this court to repudiate such doctrines, and to refuse to adopt them, years ago.

¶4Order affirmed.

/80/minn/315 · .json · Public domain