Rauschan

This is an action in tort and was brought by the plaintiff to recover damages upon two separate and distinct causes of action—the one, for the utterance by the defendant Gilbert, “as the servant and agent of the (defendant) State Compensation Insurance Fund,” of certain alleged slanderous language and words of and concerning plaintiff, and involving the statement that plaintiff was afflicted with a loathsome disease, and the second founded upon the charge that, by reason of said alleged slanderous language and words, as so uttered by said Gilbert, they having been uttered in the presence of the wife of the plaintiff, the latter lost the affection, consortium, society, etc., of his said wife, or, in other words, that the utterance of said language and words, as explained, caused the alienation from plaintiff of the affection, consortium, etc., of his wife.

The defendant State Compensation Insurance Fund, to which hereinafter Ave will refer as the “ Compensation Fund,” interposed a demurrer to the complaint upon both general and special grounds. The court sustained the demurrer so interposed, “without leave to amend.” Judgment was thereupon entered dismissing the action as to the…