Sherwood

Sherwood v. Kyle

Good Law
125 Cal. 652·1899 Cal. LEXIS 921·58 P. 270
Supreme Court of CaliforniaSeptember 6, 1899S. F. No. 974California884 words

Opinion

Lead Opinion

Temple, J.

This is an action for slander, wherein the p1aintiffs seek damages for injurious words spoken of the plaintiff, Julia C., in respect to her profession or occupation as a school teacher.

After suitable allegations in regard to the qualification and occupation of said Julia C., plaintiffs charge that while engaged in her profession, and while school was in session, defendant entered her schoolroom, and, in the hearing of the pupils, spoke willfully and maliciously to, of and concerning said plaintiff the following false and scandalous words: “You have no business to be in charge of young children. You are no more fit to teach school than hell is for a powder-house,” meaning, et cetera.

*654 Defendant does not deny the language attributed to him, but says it was not malicious and has not damaged plaintiffs. He avers, also, that the language was privileged; he was a trustee of the school district, and, having evidence that the proper discipline was not maintained by such plaintiff, he went to the school to remonstrate, and did not intimate or say anything derogatory to Mrs. Sherwood, except that she did not maintain the proper control over her pupils, and for that reason only was…

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