Cases On Torts

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Suppose that is so: still the plaintiff contends that the words alleged, even though they do not impute any criminal offence to the plaintiff, are nevertheless actionable in themselves, because the mis- conduct which they do impute is derogatory to her character, and highly injurious to her social standing.
Actionable words are doubtless such as naturally imply damage to the party; but it must be borne in mind that there is a marked dis- tinction between slander and libel, and that many things
...are action- able when written or printed and published which would not be actionable if merely spoken, without averring and proving special damage. Clement v. Chivis, 9 Barn. & Cress. 174; McClurg v. Eoss, 5 Binn. 219.
Unwritten words, by all, or nearly all, the modern authorities, even if they impute immoral conduct to the party, are not actionable in themselves, unless the misconduct imputed amounts to a criminal offence, for which the party may be indicted and punished. Judges as well as commentators, in early times, experienced much difficulty in extracting any uniform definite rule from the old decisions in the courts of the parent country to guide the inquirer in such an inves- tigation; nor is it strange that such attempts have been attended with so little success, as it is manifest that the incongruities are quite material, and, in some respects, irreconcilable.


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