{ "id": 8632964, "name": "MRS. AGNES BRYANT v. MRS. HOWARD REEDY", "name_abbreviation": "Bryant v. Reedy", "decision_date": "1939-02-01", "docket_number": "", "first_page": "748", "last_page": "760", "citations": [ { "type": "official", "cite": "214 N.C. 748" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "212 N. C., 780", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8620303 ], "opinion_index": 0, "case_paths": [ "/nc/212/0780-01" ] }, { "cite": "212 N. C., 369", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8610741 ], "opinion_index": 0, "case_paths": [ "/nc/212/0369-01" ] }, { "cite": "208 N. C., 85", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8596038 ], "opinion_index": 0, "case_paths": [ "/nc/208/0085-01" ] }, { "cite": "205 N. C., 14", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626395 ], "opinion_index": 0, "case_paths": [ "/nc/205/0014-01" ] }, { "cite": "204 N. C., 690", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624260 ], "opinion_index": 0, "case_paths": [ "/nc/204/0690-01" ] }, { "cite": "200 N. C., 356", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621658 ], "opinion_index": 0, "case_paths": [ "/nc/200/0356-01" ] }, { "cite": "162 N. C., 333", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11271187 ], "opinion_index": 0, "case_paths": [ "/nc/162/0333-01" ] }, { "cite": "130 N. C., 147", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272864 ], "opinion_index": 0, "case_paths": [ "/nc/130/0147-01" ] }, { "cite": "181 N. C., 151", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8655466 ], "opinion_index": 0, "case_paths": [ "/nc/181/0151-01" ] }, { "cite": "182 N. C., 419", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8656106 ], "opinion_index": 0, "case_paths": [ "/nc/182/0419-01" ] }, { "cite": "102 N. C., 66", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "106 N. C., 170", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "140 N. C., 200", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "94 N. C., 318", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8650981 ], "opinion_index": 0, "case_paths": [ "/nc/94/0318-01" ] }, { "cite": "184 N. C., 1", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11268844 ], "opinion_index": 0, "case_paths": [ "/nc/184/0001-01" ] }, { "cite": "140 N. C., 106", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651558 ], "opinion_index": 0, "case_paths": [ "/nc/140/0106-01" ] }, { "cite": "135 N. C., 628", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8660525 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/135/0628-01" ] }, { "cite": "156 N. C., 413", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11271694 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/156/0413-01" ] }, { "cite": "164 N. C., 246", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657161 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/164/0246-01" ] }, { "cite": "143 N. C., 419", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657944 ], "weight": 2, "pin_cites": [ { "page": "427" } ], "opinion_index": 0, "case_paths": [ "/nc/143/0419-01" ] }, { "cite": "213 N. C., 736", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630413 ], "opinion_index": 0, "case_paths": [ "/nc/213/0736-01" ] }, { "cite": "67 N. C., 148", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "159 N. C., 56", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8656476 ], "weight": 3, "pin_cites": [ { "page": "p. 59" } ], "opinion_index": 0, "case_paths": [ "/nc/159/0056-01" ] }, { "cite": "204 N. C., 382", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8619178 ], "opinion_index": 0, "case_paths": [ "/nc/204/0382-01" ] }, { "cite": "202 N. C., 518", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627454 ], "opinion_index": 0, "case_paths": [ "/nc/202/0518-01" ] }, { "cite": "191 N. C., 507", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630036 ], "opinion_index": 0, "case_paths": [ "/nc/191/0507-01" ] }, { "cite": "191 N. C., 1", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627538 ], "opinion_index": 0, "case_paths": [ "/nc/191/0001-01" ] }, { "cite": "189 N. C., 658", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8654928 ], "opinion_index": 0, "case_paths": [ "/nc/189/0658-01" ] }, { "cite": "170 N. C., 394", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8659459 ], "opinion_index": 0, "case_paths": [ "/nc/170/0394-01" ] }, { "cite": "159 N. C., 541", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8660154 ], "opinion_index": 0, "case_paths": [ "/nc/159/0541-01" ] }, { "cite": "127 N. C., 127", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8659378 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/127/0127-01" ] }, { "cite": "52 N. C., 32", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2088525 ], "opinion_index": 0, "case_paths": [ "/nc/52/0032-01" ] } ], "analysis": { "cardinality": 1095, "char_count": 32476, "ocr_confidence": 0.475, "pagerank": { "raw": 1.6573601033190695e-07, "percentile": 0.693736198519682 }, "sha256": "ca358ffc0ce1d80d8583d08758bea2f02d90c9d2271973e2dacfeb862b0e8557", "simhash": "1:e5c831a92259aff8", "word_count": 5577 }, "last_updated": "2023-07-14T22:38:13.292364+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MRS. AGNES BRYANT v. MRS. HOWARD REEDY." ], "opinions": [ { "text": "Clarkson, J.\nAt the close of plaintiff\u2019s evidence and at the conclusion of all the evidence, the defendant made motions in the court below for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions and in this we can see no error. We think the evidence plenary to be submitted to the jury.\nThe questions presented by defendant: \u201c1. Did the court commit error in the admission of evidence, particularly with reference to: (a) the slanderous words alleged to have been spoken by the defendant; (b) the evidence as to the effect of the alleged slanderous words upon the plaintiff mentally and as to her humiliation and embarrassment?\u201d We think not.\nN. C. Code, 1935 (Michie), sec. 2432, is as follows: \u201cWhereas doubts have arisen whether actions of slander can be maintained against persons who may attempt, in a wanton and malicious manner, to destroy the reputation of innocent and unprotected women, whose very existence in society depends upon the unsullied purity of their character, therefore any words written or spoken of a woman, which may amount to a charge of incontineney, shall be actionable.\u201d\nSection. 4230 is as follows: \u201cIf any person shall attempt, in a wanton and malicious manner, to destroy the reputation of an innocent woman by words, written or spoken, which amounts to a charge of incontineney, every person so offending shall be guilty of a misdemeanor.\u201d\n\u201cIncontineney means want of restraint in regard to sexual indulgence, and imports according to our statute, definitive, illicit, sexual intercourse.\u201d Lucas v. Nichols, 52 N. C., 32 (35).\nThere is nothing more truthful than what is written in Proverbs (part verse 8, chapter 18) : \u201cThe words of a talebearer are as wounds.\u201d We think that the damage shall include injury to the feelings, mental suffering endured in consequence and the humiliation and embarrassment which is a consequence of the wrong done.\nThe 2nd question presented by defendant: \u201cDid the court commit error in refusing to permit the defendant to offer evidence in mitigation of damages?\u201d We think not under the facts and circumstances of this case.\nN. 0. Code, supra, sec. 542, in part, is as follows: \u201cThe defendant may in his answer allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.\u201d\nA plea of justification or of mitigation is a prerequisite to the allowance of evidence of the truth of the charge. Without it such evidence is incompetent. Upchurch v. Robertson, 127 N. C., 127 (128) ; Dickerson v. Dail, 159 N. C., 541; Burris v. Bush, 170 N. C., 394. When the defendant pleads the general issue, he may not introduce evidence in justification or mitigation. Upchurch v. Robertson, supra; Elmore v. R. R., 189 N. C., 658 (673).\nIt will be noted that defendant denied the allegations of plaintiff as to the slander charges in toto. No issue was submitted or tendered by defendant that she relied on the plea of the truth of the matter charged by plaintiff as defamatory. Defendant offered to introduce in evidence paper writing identified by the plaintiff and which purports to be an acknowledgement of payment of judgment rendered in the action of Mrs. Agnes Bryant against Mrs. Mary Kheiralla, which was excluded. Exception and assignment of error was made by defendant. We do not think it can be sustained. If competent, the exclusion was not prejudicial.\nPlaintiff\u2019s witness, Gr. T. Cox, was asked by defendant on cross-examination about this matter, and he testified, in part: \u201cI witnessed the settlement of the lawsuit where Mrs. Bryant had sued Mrs. Khei-ralla, and that suit charged Mrs. Kheiralla with slandering Mrs. Bryant, and that suit charged Mrs. Kheiralla with calling Mrs. Bryant the same kind of names I was telling the jury that Mrs. Reedy called her.\u201d\nDefendant, in her cross-examination of plaintiff, brought out the same. \u201cI brought the suit against Mrs. Kheiralla before I brought the suit against Mrs. Reedy, and in the case against Mrs. Kheiralla I charged her with destroying my reputation by slandering me and alleging that I was intimate with her husband. . . . After I brought the suit against Mrs. Kheiralla I agreed to a consent judgment and accepted a consent judgment in the sum of $2,500. That was done on October 27, 1936. I don\u2019t know how much I have collected on that judgment. I have received in settlement of that judgment against Mrs. Kheiralla around $250.00. I cancelled the judgment against Mrs. Kheiralla and I gave Mrs. Kheiralla a full receipt showing that the judgment had been paid.\u201d\nIn the charge of the court below, this evidence was set forth and this whole aspect stated so clearly that the jury could not have been misled.\nIt is well settled in this jurisdiction that the erroneous exclusion of evidence on direct examination is held not to be prejudicial when it appears that on cross-examination the witness was asked substantially the same question and gave substantially the same answer. Cook v. Mebane, 191 N. C., 1 (7); Willis v. New Bern, 191 N. C., 507 (514); S. v. Shipman, 202 N. C., 518 (534); Smithfield Mills, Inc. v. Stevens, 204 N. C., 382 (385).\n(3). Did the trial judge commit error in his charge to the jury? We think not. The many exceptions taken to the charge disconnectedly are not borne out when the charge is taken as a whole. The court below gave, and summarized carefully, the testimony of all the witnesses. If incorrect the matter, like contentions, should have been at the time called to the attention of the court, so that the true evidence be given the jury. The burden of proof on all the issues was properly placed on plaintiff and the scale illustration given by the court below illustrates same. The recollection of the evidence was for the jury of twelve and not for the court or attorneys, and we see no error in the way this was stated.\nIn Beck v. Bottling Co., ante, 566 (568), it is stated: \u201cWhen a bill of particulars is ordered and furnished, the evidence offered at the trial must be confined to items therein specified.\u201d We think this was done in substance.\nThe court below charged the jury: \u201cThe term fin substance\u2019 as used in this first issue, means words that convey in effect the same meaning, though not necessarily used in the same form on the same words, but words that convey in effect the same meaning, the essence of the same words is indispensable though they do not have to be in the exact form as set forth in the complaint. The same words must have been used. Tbe use of words with similar meaning or equivalent words is not sufficient to justify you in finding that they are in substance the words alleged in the complaint, which I said plaintiff does not have to satisfy you from the evidence and by its greater weight the defendant spoke of and concerning her the exact words set forth in the complaint, but must satisfy you from the evidence and by its greater weight the defendant spoke of her in words in substance, words that would in effect convey the same meaning. . . . Now, as I have heretofore instructed you, it does not require the plaintiff to prove to you from the evidence and its greater weight that these witnesses testified to the exact words set forth in the complaint; it does require that plaintiff offer evidence to satisfy you from the evidence and its greater weight that the defendant spoke to and concerning her the words in substance as alleged in the complaint, words that would in effect convey the same meaning.\u201d The issue as framed, using the words \u201cin substance\u201d was not objected to by defendant. The evidence indicates that it was \u201cin substance\u201d confined to the bill of particulars which was prayed for by defendant and allowed by order of the court and set forth in the amended complaint.\nIn Hamilton v. Nance, 159 N. C., 56 (57-8), speaking to the subject, we find: \u201cIn an action to recover damages for slander the plaintiff is not required to prove the utterance of the exact words set out in the complaint, but must prove the words in substance, and his Honor should have so instructed the jury. . . . It is generally held that proof of the words in substance is sufficient. 18 A. and E. Enc. L., 1078; 13 Ency. Pl. and Pr., 63; 25 Cyc., 484; Pegram v. Stoltz, 67 N. C., 148.\u201d\nSome five creditable and reputable witnesses testified to almost the identical language as set forth in plaintiff\u2019s amended complaint, and these statements, made by defendant, amounts to a charge of incon-tinency. An examination of the record will show that the defendant made the positive statement that Mrs. Bryant \u201cwas nothing but an old prostitute woman for George Kheiralla\u201d and \u201cwas living with him as man and wife.\u201d\nA great many of the exceptions and assignments of error are to contentions as made by the court below. If incorrect, they should have been called to the attention of the court at the time. Acceptance Corp. v. Edwards, 213 N. C., 736 (742).\nThe court charged, in part: \u201cIt is a question of fact for you. If the plaintiff has satisfied you from the evidence and by its greater weight that the defendant spoke of and concerning the plaintiff the words and statements alleged in the complaint, it would be your duty to answer the first issue 'Yes.\u2019 If you are not so satisfied it would be your duty to answer it 'No.\u2019 If you answer the first issue 'Yes,\u2019 it is your duty to proceed to consider the second issue. If you answer the first issue 'No,\u2019 that ends the case, and yon would not proceed to consider the second and third issues. The second issue reads as follows: \u2018What compensatory damages, if any, is the plaintiff entitled to recover of the defendant?\u2019 The burden of this issue is upon the plaintiff to satisfy you from the evidence and by its greater weight what compensatory damages, if any, is she entitled to recover of the defendant. Slander is a defamation, made by word of mouth, which tends to injure or to disgrace the person about whom the words are spoken. In order to constitute slander, the words must not only be false hut must be malicious, and malicious does not always mean actual malice, but the law may imply malice from the words spoken, and the court charges you when words are spoken about a woman that amount to a charge of incontinency, such words are actionable per se, that is within themselves, and the law implies malice, not necessarily ill will, but acts intentionally and wrongfully done by one person to another without just cause or excuse.\u201d N. C. Code, supra, sec. 2432.\nIn Hamilton v. Nance, supra, at p. 59, it is stated: \u201cThe correct issues in actions to recover damages for slander where the words alleged are actionable per se and in which justification is not pleaded and privilege is not claimed, are: (1) Did the defendant speak of and concerning the plaintiff the.words in substance alleged in the complaint? (2) If so, what damage is the plaintiff entitled to recover? If the first issue is answered \u2018No,\u2019 the case is at an end. If answered \u2018Yes,\u2019 the law, in the absence of justification, says that the charge is false and malicious, and it is then the duty of the jury to award compensatory damages, and they may, in addition, award punitive damages if there is actual malice, which may be inferred by the jury in some cases from the circumstances. Stanford v. Grocery Co., 143 N. C., 419.\u201d\nThe court below charged the jury on the second issue: \u201cPlaintiff contends she has suffered actual damages. The burden of this issue is on the plaintiff to satisfy you from the evidence and by its greater weight what actual or compensatory damages, if any, she is entitled to recover from the defendant. What do we mean by the words actual or compensatory damages? Actual or compensatory damages are not necessarily restricted to the actual pecuniary loss, if any, caused by the defendant\u2019s wrong, but embraces fair and just compensation for the injury sustained, including actual loss, if any, of time and money, physical inconvenience, humiliation suffered and endured, which would fairly be considered as the reasonable and probable result of the wrong done to the plaintiff by the defendant. The court lays down the following rule as the measure of damages on the issue in this ease: The plaintiff, if entitled to recover any actual or compensatory damages, may recover what you, the jury, may decide or find to be a fair, just and reasonable compensation for tbe injuries sustained by tbe plaintiff, including actual loss of time and money, if any, and physical inconvenience and humiliation suffered and endured, which would fairly be considered as the proximate result of the wrongful acts and conduct of the defendant. Applying this rule to the measure of damages on this issue, if you come to consider this issue, the court further charges you that your answer to this issue would be such amount as the plaintiff may satisfy you from the evidence, and by its greater weight, that she has been damaged as the proximate result of the wrongful acts and conduct of the defendant.\u201d\nIn the case of Barringer v. Deal, 164 N. C., 246 (248), the Court, quoting headnote in Fields v. Bynum, 156 N. C., 413 (414), said: \u201cWhen general damages are sought in an action of slander for words spoken which are actionable per se, compensatory damages may be awarded which embrace compensation for those injuries which the law will presume must naturally, proximately and necessarily result, including injury to the feelings and mental suffering endured in consequence; and it is not incumbent upon the plaintiff to introduce evidence that he has suffered special damage in such instances.\u201d Osborn v. Leach, 135 N. C., 628; Gattis v. Kilgo, 140 N. C., 106.\nWalker, J., in Baker v. Winslow, 184 N. C., 1 (4, 5, 6), speaking to the subject, says (we quote copiously) : \u201cThe defendant\u2019s first exception, as stated in the record and his brief, was taken to that part of the charge of the court as to the damages, the particular ground of the objection being that the court, in its instructions, permitted the jury to include in the damages, those of the plaintiff\u2019s mental anguish or suffering. The charge is clearly sustained by the authorities. In Fields v. Bynum, 156 N. C., 413, it being an action for slander, we held that general damages included actual or compensatory damages, and embrace compensation for those injuries which the law will presume must naturally, proximately, and necessarily result from the utterance of words which are actionable per se, such as the charge made in this case. Such damages include injury to the feelings and mental suffering endured in consequence. General damages need not be pleaded or proved. 18 A. & E., 1081, 1082, 1083, and cases cited in notes. That case was approved in Barringer v. Deal, 164 N. C., 246, which also was an action for slander. In our ease the verdict finds that the words, which in law are actionable per se, were uttered by the defendant, and that they were false. The law, therefore, implies malice, which entitles the plaintiff to actual or compensatory damages. Malice, in this connection, and within the scope of the issues, does not necessarily mean personal ill-will, but a wrongful act, knowingly and intentionally done the plaintiff without just cause or excuse, and the law implies this kind of malice in actions for slander when the words falsely spoken of and concerning the plaintiff are actionable per se. But punitive or exemplary damages also may be awarded, in tbe sound discretion of the jury, and within reasonable limits, but the right to punitive damages does not attach, however, as a conclusion of law, because the jury have found the issue of malice in such action against the defendant. The right under certain circumstances to recover damages of this character is well established with us. But they are not to be allowed unless there is an element of fraud, malice, gross negligence, insult, or other cause of aggravation in the act which causes the injury. Holmes v. R. R., 94 N. C., 318. They are not to be included in the damages by the jury as a matter of course simply because of the slander, but only when there are some features of aggravation, as when the wrong is done willfully, or under circumstances of rudeness or oppression, or in a manner which evinces a reckless and wanton disregard of the plaintiff\u2019s rights. Ammons v. R. R., 140 N. C., 200 (concurring opinion by Justice Holce); Stanford v. Grocery Co., 143 N. C., 419, 427. The rule as to compensatory damages is also stated there. As said by the Chief Justice in Osborn v. Leach, 135 N. C., 628: \u2018Where the facts and nature of the action so warrant, actual damages include pecuniary loss, physical pain, and mental suffering.\u2019 And again: \u2018Compensatory damages include all other damages than punitive, thus embracing not only special damages as direct pecuniary loss, but injury to feelings, mental anguish, etc.,\u2019 citing 18 A. & E. (2 Ed.), 1082; Hale on Damages, pp. 99, 106. And, as directly pertinent to the charge upon this question to which exception was taken, we may conveniently and appropriately refer now to the Holmes case, supra, where it was held that if there is rudeness or insult or \u2018aggravating circumstances calculated to humiliate or disgrace the plaintiff, or party injured, punitive damages may be added to those which are merely actual or compensatory.\u2019 Rose v. R. R., 106 N. C., 170; Knowles v. R. R., 102 N. C., 66. Other cases to the same effect upon the questions of compensatory and vindictive or punitive damages in actions, and especially in slander, are Hamilton v. Nance, 159 N. C., 56,\u201d etc.\nThe court below charged: \u201cThe third issue reads: \u2018What punitive damages, if any, is plaintiff entitled to recover of the defendant?\u2019 The burden of this issue is upon the plaintiff to satisfy you from the evidence and by its greater weight what punitive damages, if any, she should recover of the defendant. Punitive, vindictive or exemplary damages, sometimes called smart money, is allowed in cases where the injury is inflicted in a malicious, wanton and reckless manner. The defendant\u2019s conduct must have been actual, malicious or wanton, displaying a spirit of mischief toward the plaintiff or of reckless and criminal indifference to her rights. When these elements are present, damages commensurate with the injury may be allowed by way of punishment to the defendant, but such damages are awarded on the ground of public policy for example\u2019s sake, and not because the plaintiff has the right to the money, but it goes to her merely because it is assessed in her suit. Both the awarding of punitive damages and the amount to be allowed, if any, rest in the sound discretion of the jury. However, the amount of punitive damages, if any, while resting in the sound discretion of the jury, may not be excessively disproportionate to the circumstances of contumely and indignity present in the ease. Compensatory damages are based upon injuries suffered by the plaintiff, while punitive damages are awarded upon the wrongs intended by the defendant. If the defendant was not actuated by actual malice the plaintiff would not be entitled to recover any punitive damages.\u201d\nIn Ford v. McAnally, 182 N. C., 419 (421-2), citing a wealth of authorities, is the following: \u201cPunitive damages, sometimes called smart money, are allowed in eases where the injury is inflicted in a malicious, wanton and reckless manner. The defendant\u2019s conduct must have been actually malicious or wanton, displaying a spirit of mischief towards the plaintiff, or of reckless and criminal indifference to his rights. \"When these elements are present, damages commensurate with the injury may be allowed by way of punishment to the defendant. But these damages are awarded on the grounds of public policy, for example\u2019s sake, and not because the plaintiff has a right to the money, but it goes to him merely because it is assessed in his suit. Both the awarding of punitive damages and the amount to be allowed, if any, rests in the sound discretion of the jury. . . . However, the amount of punitive damages, while resting in the sound discretion of the jury, may not be excessively disproportionate to the circumstances of contumely and indignity present in each particular ease.\u201d Cotton v. Fisheries Product Co., 181 N. C., 151.\nOn this aspect of punitive damages, the evidence of the reputed wealth of the defendant is competent. Tucker v. Winders, 130 N. C., 147; Carmichael v. Tel. Co., 162 N. C., 333.\nWe do not think there was error in permitting the witness Carper, a policeman, to testify as to statements made to him by defendant under the facts and circumstances of this case. The defendant denied she made them. No plea of privilege is set up in the answer. Then, again, we see no prejudicial error as the evidence on the part of plaintiff was overwhelming as to defendant\u2019s charge of incontinency. Hartsfield v. Hines, 200 N. C., 356, is not applicable.\nThe subject of slander and libel has frequently been written upon recently in this jurisdiction. Elmore v. R. R., supra; Stevenson v. Northington, 204 N. C., 690; Oates v. Trust Co., 205 N. C., 14; Broadway v. Cope, 208 N. C., 85; Ringgold v. Land, 212 N. C., 369 (371); Flake v. News Co., 212 N. C., 780. We see no error in the charge on nominal damages.\nFrom a careful review of the exceptions and assignments of error made by defendant, we can find no prejudicial or reversible error in the record. The court below tried the case in an able and careful manner, plumbing the decisions of this Court. The jury by their verdict has found that the foul and damaging words spoken of the plaintiff by the defendant, affecting her virtue, were false and malicious. Perhaps there is nothing more heinous than false charges affecting the character or reputation of a person, especially the virtue and honor of a woman. Some people in an earlier and more sensitive era vindicated their good names by personal conflict. Now a more peaceful method is through the courts.\n\u201cA good name is rather to be chosen than great riches.\u201d\nThe courts should respond quickly to protect a good'name.\nIn the record we find\nNo error.", "type": "majority", "author": "Clarkson, J." } ], "attorneys": [ "W. E. Lynch, W. 8. Britt, and J. C. King for plaintiff.", "F. L. Adams, F. Ertel Carlyle, E. A. McKinnon, and F. D. Haclcett for defendant." ], "corrections": "", "head_matter": "MRS. AGNES BRYANT v. MRS. HOWARD REEDY.\n(Filed 1 February, 1939.)\n1. Libel and Slander* \u00a7 12 \u2014 It is not required that testimony he in exact words of allegations, it being sufficient if they are same in substance.\nWhere a bill of particulars in an action for slander alleges defendant spoke of and concerning plaintiff certain words to designated persons, which words amounted to a charge of ineontineney, testimony by the witnesses of statements made by defendant charging in effect that plaintiff had been guilty of illicit sexual intercourse, is competent although not in the exact words alleged in the bill of particulars, it being sufficient if the testimony is confined in substance to the bill of particulars. Michie\u2019s N. C. Code, 2432.\n2. Libel and Slander \u00a7\u00a7 2, 12 \u2014 Words charging innocent woman with in-continency are actionable per se, permitting recovery for mental suffering.\nWords charging an innocent woman with conduct amounting to incon-tinency are actionable per se, N. 0. Code, 2432, and the law will presume damages in such cases which naturally, proximately and necessarily result therefrom, including mental suffering, humiliation and embarrassment, and testimony of such mental suffering, humiliation and embarrassment is competent without specific allegation thereof.\n3. label and Slander \u00a7 9\u2014\nWhen the defendant in an action for slander denies the allegations of plaintiff as to the slander charges in toto, and tenders no issue as to justification or mitigation, the exclusion of evidence of justification and mitigation is not error, it being required that such evidence be supported by proper plea. N. O. Code, 542.\n4. Appeal and Error \u00a7 39d \u2014 Exclusion of evidence held not prejudicial when same evidence is elicited on cross-examination.\nIn this action for slander, the court excluded a paper writing signed by plaintiff acknowledging payment of a judgment obtained against another person for injury to her reputation through slanderous remarks of the same nature which defendant was alleged to have made. On cross-examination of plaintiff and another witness, defendant brought out in evidence the settlement of the prior action for slander, and the evidence was set forth in the charge and defendant\u2019s contention thereon clearly given. Held,: The exclusion of the paper writing, if error, was not prejudicial.\n5. Trial \u00a7 36: Appeal and Error \u00a7 39e\u2014\nExceptions to disconnected portions of the charge will not be sustained when the charge is free from error when construed contextually as a whole.\n6. Trial \u00a7 34\u2014\nInadvertent misstatement of the testimony of witnesses must be brought to the court\u2019s attention at the time so that the true evidence may be given the jury.\n7. Trial \u00a7 39c\u2014\nThe charge of the court on the burden of proof and the illustration of same by analogy to a scale held without error.\n8. Trial \u00a7 39b\u2014\nThe charge of the court, after stating the evidence, in the manner in which the jury was instructed that the recollection of the evidence was for them held without error.\n9. Trial \u00a7 36\u2014\nExceptions to the statement of contentions in the charge will not be sustained when appellant failed to bring the matter to the court\u2019s attention at the time.\n10. label and Slander \u00a7 14\u2014\nIn this action for slander for words actionable per se, the court\u2019s charge on the issue of compensatory damages, defining implied malice, actual and compensatory damages, and properly placing the burden of proof on the issue on plaintiff, held without error.\n11. Same: Damages \u00a7 7 \u2014 Instruction on issue of punitive damages held without error.\nIn this action for slander for words actionable per se, the charge of the court on the issue of punitive damages, instructing the jury that defendant must have had actual malice or a reckless or wanton indifference to plaintiff\u2019s rights in order to sustain an award of punitive damages, and that the award of punitive damage and the amount thereof was solely in the sound discretion of the jury subject to the limitation that they must not be excessively disproportionate to the circumstances of contumely and indignity present in the case, held without error.\n12. Damages \u00a7 11\u2014\nEvidence of the reputed wealth of defendant is competent on the issue of punitive damages.\n13. Libel and Slander \u00a7 7\u2014\nAdmission of testimony of a police officer as to slanderous statements \u2022 made to him by defendant held not error in the absence of a plea of privilege, especially in view of the fact that defendant denied making the statements and the overwhelming testimony of other witnesses as to slanderous remarks of the same nature.made to them by defendant.\nAppeal by defendant from Spears, J., at May Term, 1938, of Robe-SON.\nNo error.\nThis is an action for slander brought by plaintiff against defendant, and prayer for actual and punitive damages. The plaintiff alleges, and the evidence is to the effect, that she is an innocent and virtuous woman and is a lady of good character.\nThe evidence, in substance, .is to the effect that at the time this action was instituted, 23 June, 1936, she was working for George Kheiralla, who operates a grocery store in the town of Rowland, and that she has worked for him for several years. Many witnesses offered by the plaintiff showed that her general reputation was good. The plaintiff offered as a witness, J. H. Carper, who testified that he had been a rural policeman in Robeson County for about fourteen years, a police officer in the town of Rowland, and at the time he testified, was an assistant tax collector in Robeson County; that on or about 15 March, 1936, he was called to the home of the defendant and she told him, in substance, that the plaintiff, Mrs. Bryant, was the cause of all the trouble between George Kheiralla and his wife, and that \u201che was keeping her there as his woman, and his wife was not satisfied and she was breaking up their home.\u201d\nJ. B. Bullock, who at the time was chief of police in the town of Rowland, testified substantially to the same thing that J. H. Carper testified to.\nMrs. C. B. Carper, who lives in the town of Rowland, testified that she had known Mrs. Bryant and Mrs. Reedy for a number of years, and tbat about 15 April, 1936, sbe bad a conversation witb Mrs. Beedy and Mrs. Beedy told ber tbat sbe bad seen Mrs. Bryant up there a good many times, and tbat Mrs. Bryant bad run Mrs. Kbeiralla away from borne, and tbat George Kbeiralla was keeping Mrs. Bryant there as bis wife,\u201d and tbat sbe was nothing but an old prostitute woman for George Kbeiralla,\u201d . . . \u201cShe told me this a good many times and tbat sbe did not want any such woman as tbat living next to ber.\u201d\nG. T. Cox testified tbat be was sixty-two years of age, bad known both the plaintiff and defendant since 1920. Sometime early in May be was passing Mrs. Beedy\u2019s borne and bad a conversation witb ber in regard to Mrs. Bryant, and tbat sbe told him tbat, \u201cIf you will get tbat prostitute woman out of this store, why everything will be settled. Get rid of Agnes Bryant and everything will quiet off and be all right.\u201d\nI. Blum testified tbat be runs a business in the town of Eowland and is acquainted witb the plaintiff and the defendant, and tbat on or about the latter part of April or first of May, 1936, Mrs. Beedy came to bis store and talked witb him about Mrs. Bryant. \u201cSbe said something about Mrs. Bryant ought to be feathered and tarred, tbat sbe was living witb George Kbeiralla, breaking up their borne and living witb him as man and wife.\u201d\nMrs. Bryant, the plaintiff, testified tbat since the above statements were made about and concerning ber, tbat sbe bad been humiliated and damaged. Sbe has stopped going to church, ber name has been taken off the church circle, tbat numbers of people in the town of Bowland and community whom sbe formerly considered ber friends, now refuse to speak to ber. . . . Tbat sbe was very much embarrassed to walk the streets or go in a crowd of people because sbe feels tbat sbe has been slandered and ridiculed, and feels very much humiliated. Sbe testified tbat sbe was working at the same place, because sbe knew sbe could not get a job at any other place.\nThe defendant denied tbat sbe bad ever made any statements intending to slander Mrs. Bryant, and denied what plaintiff\u2019s witnesses testified to. In ber answer sbe says, in part: \u201cTbat if plaintiff has sustained any injury or damage to ber reputation or standing in the community, which is denied, then such injury and damage was sustained prior to the institution of this action, and prior to the alleged utterance of the defamatory remarks contained in the complaint which were attributed to the defendant. . . . This defendant specifically denies tbat sbe has at any time spoken of and concerning the plaintiff any slanderous, derogatory, false, untruthful or defamatory words; but tbat any statements made by this defendant witb respect to the said plaintiff which the said plaintiff might have construed to amount to a charge of incontinency, were not made witb any malicious, wilful or wanton intent, but were made in good faith., and upon reputable and reliable information and were the truth, and this defendant pleads and relies upon the truth thereof in justification of said statements.\u201d\nMany witnesses testified that the general reputation of defendant was good.\nAll the witnesses communicated the remarks-made to them to Mrs. Bryant before the institution of the present suit.\nThe issues submitted to the jury and their answers thereto, were as follows:\n\u201c1. Did the defendant speak of and concerning the plaintiff the words in substance, as alleged in the complaint? Answer: \u2018Yes.\u2019\n\u201c2. What compensatory damages, if any, is the plaintiff entitled to recover of the defendant ? Answer: '$1,000.\u2019\n\u201c3. What punitive damages, if any, is the plaintiff entitled to recover of the defendant?- Answer: '$750.00.\u2019\u201d\nJudgment was rendered by the court below on the verdict. The defendant made numerous exceptions and assignments of error and appealed to the Supreme Court. The material ones and necessary facts will be set forth in the opinion.\nW. E. Lynch, W. 8. Britt, and J. C. King for plaintiff.\nF. L. Adams, F. Ertel Carlyle, E. A. McKinnon, and F. D. Haclcett for defendant." }, "file_name": "0748-01", "first_page_order": 816, "last_page_order": 828 }