Ringland

This appeal presents for our consideration an action wherein it is alleged in the complaint that the defendant Elsie Hockensmith, on or about the twenty-sixth day of May, 1925, spoke to one L. Chalfant, of and concerning the plaintiffs, the following words, to wit: “If you will watch the premises at 730 Spence Street you will find that these people are peddling whiskey or peddling dope.” The plaintiffs in their complaint allege that by reason of the use of said words by the said Elsie Hockensmith, of and concerning them, they were damaged in the sum of twenty-five thousand dollars. Upon the trial of the action judgment was awarded in favor of the plaintiffs as against the defendant Elsie Hockensmith in the sum of one thousand dollars. From this judgment the defendants appeal.

While several grounds for reversal are alleged, the consideration of two of them will sufficiently dispose of all the issues here presented, to wit: First, as to whether the proof substantially corresponds with the allegations of the complaint, and, second, the alleged errors of the court in the admission of testimony. The record shows that the plaintiffs and defendants occupied apartments in a certain…