Cahill
Cahill v. Murphy
Opinion
Lead Opinion
Fitzgerald, J.
This is an action for slander. The complaint alleges, in substance, that on or about the twenty-first day of September, 1889, and for a long time prior thereto, plaintiff, with her children, occupied certain rooms in a hotel of which the defendant was owner and proprietor; that one of these rooms was situated on the ground-floor of the hotel, and used by her for the purpose of carrying on and conducting a general merchandising business; that on said last-mentioned date, the soot in the chimney leading from the room used as a store became ignited, causing an alarm of fire to be given; and it is further alleged, upon information and belief, that the fire was communicated to the soot in the chimney from a fire in the stove situated in said store.
The slanderous words out of which this action arose are alleged to have been falsely and maliciously spoken by the defendant of and concerning the plaintiff, and are laid as follows: “This is twice you [the plaintiff meaning] have tried to burn us [the said hotel meaning] out to get your fourteen hundred dollars insurance. But I will report you [the said plaintiff meaning] to the insurance company to-morrow morning, and have your insurance…