Opinion
7 Div. 701.
June 11, 1942.
Appeal from Circuit Court, Calhoun County; R. B. Carr, Judge.
Action for slander by Mrs. Jay Weaver against Darling Stores, Inc., and Darling Shop. From a judgment of nonsuit, plaintiff appeals.
Affirmed.
Merrill Merrill, of Anniston, for appellant.
A corporation is liable for slander uttered by its officer, agent or employe within the authority or within the scope of his employment, in the course of the corporate business in which he is engaged or employed. 13 Am.Jur. 1053; 19 C.J.S., Corporations, § 1280, p. 958; Nat. Life Ins. Co. v. Abernathy, 206 Ala. 26, 89 So. 725 (dissent); Swift Co. v. Gray, 9 Cir., 101 F.2d 976; Sinclair Refining Co. v. Fuller, 190 Ark. 426, 79 S.W.2d 736; Randall Dairy Co. v. Pevely Dairy Co., 274 Ill. App. 474; Vowles v. Yakish, 191 Iowa 368, 179 N.W. 117, 13 A.L.R. 1132; Wisemore v. First Nat. Life Ins. Co., 190 La. 1011, 183 So. 247; Gardner v. Standard Oil Co., 179 Miss. 176, 175 So. 203; Priest v. Central States Fire Ins. Co., 223 Mo. App. 122, 9 S.W.2d 543; Tandy v. Prudential Ins. Co., 240 App. Div. 709, 265 N.Y.S. 17; Id. 263 N.Y. 541, 189 N.E. 688; Luquire Ins. Co. v. Parker, 241 Ala. 621, 4 So.2d 259; Britt v. Howell, 208 N.C. 519, 181 S.E. 619; Jenkins v. Southern R. Co., 130 S.C. 180, 125 S.E. 912; Great Atlantic Pacific Tea Co. v. Harris, Tex.Civ. App., 75 S.W.2d 974; Jordan v. Melville Shoe Co., 150 Va. 101, 142 S.E. 387; Grand Union Tea Co. v. Lord, 4 Cir., 231 F. 390; Roemer v. Jacob Schmidt Brewing Co., 132 Minn. 399, 157 N.W. 640, L.R.A. 1916E, 771; Citizens' Gas Electric Co. v. Black, 95 Ohio St. 42, 115 N.E. 495, L.R.A. 1917D, 559.
Knox, Liles, Jones Blackmon and Fred L. Blackmon, all of Anniston, for appellees.
A corporation is not liable for any slander uttered by an officer or employe, though he be acting honestly for the benefit of the company and within the scope of his duties, unless it is alleged and proved that the corporation expressly ordered and directed the slanderous words to be spoken or ratified the act of the agent after the same had been spoken (except where the slander constitutes a breach of a duty toward the plaintiff arising out of contract, which is not here involved). Singer Mfg. Co. v. Taylor, 150 Ala. 574, 43 So. 210, 9 L.R.A., N.S., 929, 124 Am.St.Rep. 90; McIntire v. Cudahy Pkg. Co., 179 Ala. 404, 60 So. 848; National Life Ins. Co. v. Abernathy, 206 Ala. 26, 89 So. 725; Republic Iron Steel Co. v. Self, 192 Ala. 403, 68 So. 328, L.R.A. 1915F, 516; Interstate Amusement Co. v. Martin, 8 Ala. App. 481, 62 So. 404.
This action is by the appellant against two alleged corporations for slanderous words spoken by the manager of the defendants' store in Anniston, Alabama, acting within the line and scope of her employment as said manager, falsely and maliciously charging the plaintiff with larceny or shoplifting by speaking of and concerning her in the presence of divers persons. There is an absence of averment in either of the counts that the defendants authorized the speaking of the slanderous words, or subsequently ratified the same. The demurrer which was sustained takes these points.
This ruling was free from error. Luquire Ins. Co. v. Parker, 241 Ala. 621, 4 So.2d 259; Singer Manufacturing Co. et al. v. Taylor, 150 Ala. 574, 43 So. 210, 9 L.R.A., N.S., 929, 124 Am.St.Rep. 90; National Life Ins. Co. of the United States v. Abernathy, 206 Ala. 26, 89 So. 725.
Affirmed.
GARDNER, C. J., and THOMAS and FOSTER, JJ., concur.