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90 Wis. 298

Pandow v. Eichsted

Wisconsin Supreme Court

Decided May 15, 1895

Wisconsin Supreme Court · decided 1895-05-15

BbNNett, Circuit Judge. This was an action for slander, and the defendant was charged with having wilfully and maliciously spoken of and concerning the plaintiff certain false and slanderous words, set out in the German language in the complaint, which, when translated into the English language, are as follows: “ Just as well as you believe of mother that my wife has beaten her, just so well we can believe that mother said, 1 Emil (meaning the plaintiff) has penned up pigs…

Relies on Campbell v. Campbell · Brettun v. Anthony · Schild v. Legler

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-05-15

How this case has been cited

Cited by 9 later decisions — most recently June 1978

9 state decisions

30189519001910192019301940195019601970decided

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.

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Pinney, J.

¶1It may be inferred, perhaps, from the complaint, that in a conversation between the plaintiff and defendant the plaintiff charged the defendant’s wife with having beaten or ill-treated her mother, but this is not quite clear; and that the defendant spoke, in answer, the alleged slanderous words, in substance, that, “ just as well as you believe of mother that my wife has beaten her, just so well we can believe that mother said, ‘ Emil (the plaintiff) has penned up pigs belonging to Thurrn Orago, ancl has knocked them on the head, and devouringly eaten them up.’ ” Thus considered, the words would seem to be an assertion of the groundless nature of the charge made against the defendant’s wife, that the one statement was no more worthy of credit than the other. It is alleged that the mother did not say that the plaintiff had “penned up pigs belonging to Thurm Crago, and had knocked them on the head, and de-vouringly eaten them up; ” nor is it alleged that the defendant or any one had said that he had done so, or that he believed such to be the case.

¶2The words alleged to have been spoken are to be construed and taken in their plain and popular sense, and in which they would naturally be understood by those who heard them,— in their common acceptation. Campbell v. Campbell, 54 Wis. 94; Schild v. Legler, 82 Wis. 74, 75. It is not material that one or more persons may have understood the words differently. The question is, What would persons hearing them, of average intelligence, understand from the words used, taken in their natural and common acceptation? for the defendant is responsible only for the meaning which *301the words, reasonably interpreted and applied, would convey to the minds of the hearers. Snell v. Snow, 13 Met. 278; Brettum v. Anthony, 103 Mass. 40.

¶3We do not think that the words alleged to have been spoken can be said to impute the charge of larceny against the plaintiff. There are no facts alleged by way of inducement, which is a statement of the matter out of which the charge arose (Taverner v. Little, 5 Bing. N. C. 678); no colloquium to make the charge, if such it was intended to be, intelligible, and to show that the words spoken are actionable in the light of the facts and circumstances under which they were spoken, It is the office of an innuendo in pleading to point out the meaning of the alleged slanderous words, where they are not actionable upon their face, so as to show in connection with the inducement, and in the light of the facts and circumstances under which they were spoken, that the words are actionable. The words relied on in the present case are not of themselves actionable, and there is no sufficient matter stated in the complaint, within the rule of pleading in such cases, to enable the court to say on. demurrer, as a matter of law, that they are actionable. Karger v. Rich, 81 Wis. 180; Weil v. Schmidt, 28 Wis. 137; Benz v. Wiedenhoeft, 83 Wis. 398; Hofflund v. Journal Co. 88 Wis. 369, 370. The defendant’s demurrer was therefore rightly sustained.

¶4By the Court.— The order of the circuit court is affirmed.

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