Beeler v. Jackson

Bryan, J., delivered the opinion of the Court. The appellee, plaintiff below, brought an action of slander against the appellant. The words alleged to have been spoken were these: “You are discharged for stealing fish, nuts and breaking off car doors and taking them home also these : “You have been seen eating nuts and herrings.” Which it is averred meant that he had stolen these things. The plaintiff testified in his own behalf that in March, 1881, he was in the service of the Baltimore and Ohio Railroad Company at Locust Point, and had been for six or seven months previously to that time, and that the defendant was the general agent who had entire charge of the station; that he was discharged from the service of the company; and that he applied to the defendant to know the reason of his discharge ; and that defendant replied “stealing fruit, fish, nuts and breaking up car doors and taking them home.” He further testified that there were five other men present who had been discharged at the same time, and in reply to the same question from ope of them, the defendant said “You are all discharged under one charge there were clerks in the next office, ⁵⁹³ the door was open and they were within hearing; the only persons in the room where the conversation took place were the discharged men, and the defendant and his confidential clerk O’Neill.

Another witness, one of the discharged men, testified that the defendant appeared to be excited and angry. It was very natural that the plaintiff should wish to know why he was discharged; and it was but simple justice that the defendant should truthfully and frankly tell him the reason. It was in the nature of a social duty that he should do so. It was a proper and legitimate occasion lor him to speak freely and without reserve.

In order to relieve him from all embarrassment, the law shields him from any injurious consequences on account of his answer ; provided it is given in truth, honesty and fairness. Within these limits, it is a priviledged communication. If however, he uses the occasion as an opportunity to wreak his ill-will upon the questioner, to abuse and villify him, and to injure him in the estimation of his neighbors, he will be held to a just responsibility. He must answer the question, simply as a mode of giving to the questioner the information which he ought justly and rightfully to have.

When the words alleged to be slanderous, are embraced in the class of privileged communications, it is shown by a great number ■of authorities that the plaintiff is