{
  "id": 8656047,
  "name": "J. W. PAYNE v. A. R. THOMAS",
  "name_abbreviation": "Payne v. Thomas",
  "decision_date": "1918-11-13",
  "docket_number": "",
  "first_page": "401",
  "last_page": "402",
  "citations": [
    {
      "type": "official",
      "cite": "176 N.C. 401"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "156 N. C., 418",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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    {
      "cite": "161 N. C., 275",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "case_paths": [
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    {
      "cite": "143 N. C., 683",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8658858
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      "opinion_index": 0,
      "case_paths": [
        "/nc/143/0683-01"
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    {
      "cite": "174 N. C., 24",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T20:39:13.878101+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. W. PAYNE v. A. R. THOMAS."
    ],
    "opinions": [
      {
        "text": "Beown, J.\nPlaintiff sues to recover damages for slander. The complaint charges that defendant spoke of and concerning the plaintiff certain, false, slanderous and defamatory words, viz.: \u201cMamie (meaning the said Mamie Thomas) says that Payne (meaning the plaintiff) is the father of her child\u201d; and also, at the same time and place, defendant spoke of and concerning the plaintiff, in the presence and hearing of the said Munford Huffines, the false statements and defamatory words, in substance as follows, to wit: \u201cPayne (meaning the plaintiff) came over about some tobacco. He (meaning the plaintiff) got it then. He (meaning the plaintiff) went off to the pack-house and stayed about half a day and got it again, and then went home. Payne (meaning the plaintiff) was drinking. She (meaning the said Mamie Thomas) would or could take the baby to Payne\u2019s house (meaning the home where plaintiff and his family lived) and say, \u2018Here is me and my baby. What are you going to do with us ?\u2019 \u201d\nThe defendant demurred, because the complaint fails to allege and to set out any special damage.\nThe words recited in the complaint are not per se actionable. They do not of themselves charge an indictable offense involving moral turpitude.\nThey charge in substance bastardy, which is not an indictable offense and does not carry with it infamous punishment, although involve moral turpitude. Jones v. Brinkley, 174 N. C., 24; 25 Cyc., 270.\nBastardy is a quasi civil proceeding to enforce a police regulation. S. v. Addington, 143 N. C., 683; S. v. Curry, 161 N. C., 275.\nIn order to recover, plaintiff must allege and prove special damage.\nIn the leading case of Osborne v. Leach, 135 N. C., at page 632, Clark, C. J., discusses actual damages, punitive damages, and special damages as related to actions for libel and slander. This opinion shows clearly that special damages are pecuniary loss \u2014 direct or indirect \u2014 and that damages for physical pain and inconvenience, damages for mental suffering, and damages for injured reputation are actual damages and such as the law presumes from publications libelous per se.\nIn this case it is said: \u201cDamages for mental suffering are actual or compensatory; they are not special nor punitive.\u201d (Page 634.) Fields v. Bynum, 156 N. C., 418.\nThe demurrer is sustained. The plaintiff will be allowed to .amend his complaint.\nError.",
        "type": "majority",
        "author": "Beown, J."
      }
    ],
    "attorneys": [
      "W. P. Bynum and B. G. Btrudwick for plaintiff.",
      "8. B. Adams and Brooks, Bapp & Kelly for defendant."
    ],
    "corrections": "",
    "head_matter": "J. W. PAYNE v. A. R. THOMAS.\n(Filed 13 November, 1918.)\nSlander \u2014 Bastardy\u2014Indictable Offense \u2014 Pleadings\u2014Demurrer.\nAllegations that the defendant spoke false, slanderous, and defamatory-words of the plaintiff, that a certain woman said that he was the father- \u25a0 of her child, are those charging bastardy, and, though involving moral turpitude, is not an indictable offense carrying with it infamous punish-. ment; and upon the failure of the complaint to allege special damages, it is demurrable.\nActioN heard upon demurrer by Show, J., at September Term, 1918, ' of GrTJILFORD.\nThe demurrer was overruled. Defendant appealed.\nW. P. Bynum and B. G. Btrudwick for plaintiff.\n8. B. Adams and Brooks, Bapp & Kelly for defendant."
  },
  "file_name": "0401-02",
  "first_page_order": 453,
  "last_page_order": 454
}