Opinion
Gen. No. 44,451. (Abstract of Decision.)
Opinion filed January 5, 1949 Released for publication January 18, 1949
HARMLESS AND PREJUDICIAL ERRORS, § 181 — instruction on damages as not reversible error. Since language charging plaintiff with being a whore was, if spoken, "actionable per se," instructing for plaintiff in action for slander that if jury believed that defendant falsely and maliciously, and in presence of others, called plaintiff a whore and that defendant failed to prove defense of justification jury should determine from all the circumstances what damages ought to be given and were not confined to mere pecuniary loss sustained by plaintiff but could allow exemplary damages was not reversible error, where record did not support defendant's contention that plaintiff had waived all pecuniary damage, and jury were justified in believing that the words were spoken.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. E.J. SCHNACKENBERG, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the June term, 1948.
Zeamore A. Ader, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed January 5, 1949; released for publication January 18, 1949.