Wilby, a Pauper, v Elston
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1849 |
| Date | 21 June 1849 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 462
IN THE COURT OF COMMON PLEAS
S. C. 7 D. & L. 143; 18 L. J. C. P. 320; 13 Jur, 706.
wiley, a Pauper, v. elston. June 21, 1849. [S. C. 7 D. & L. 143; 18 L. J. C. P. 320; 13 Jur. 706.] The words "You are living by imposture:" "You used to walk St. Paul's Church Yard for a living,"-spoken of a woman with the intention of imputing that she was a swindler and a prostitute,-are not actionable, without special damage.- In case for words not actionable per se, averring special damage, "not guilty" puts in issue not only the speaking of the words, but also the special damage alleged. This was an action of slander. The first count of the declaration stated, that, before and at the time of the committing, &c., the plaintiff was an honest and respectable 8C. B. 143. WILBY V. ELSTON 463 person, and possessed of divers acquirements of useful learning, and had always conducted herself with decorum, chastity, modesty, and propriety, and was intending, and about, and had publicly proposed, and was ready to receive, in a certain house in which she then resided with her mother, Maria Ann Wilby, widow, pupils to instruct in divers acquirements of useful learning, for certain reasonable reward to be paid to her in that behalf; yet the defendant, well knowing the premises, but contriving, &c., to injure the plaintiff in her good name, fame, and credit, and to cause it to be believed [143] that she was unfit to receive such pupils, and to prevent her from obtaining any such, theretofore, to wit, on the 24th of June, 1845, in a certain discourse which he, the defendant, then had of and concerning the plaintiff, in the presence and hearing to divers good and worthy subjects of our Lady the Queen, did, in the presence and hearing of those persons, falsely and maliciously speak and publish of and concerning the plaintiff, the false, scandalous, malicious, and defamatory words following, that is to say " They (meaning the plaintiff and the said Maria Ann Wilby, the mother of the plaintiff) came here, setting themselves up for ladies, and taking every body in, and paid no one. They get their living by imposture, and going about with false petitions. They are nothing but impostors and swindlers. She (meaning thereby the plaintiff) used to walk St. Paul's Church Yard for her living (meaning thereby that the plaintiff did walk in and about St. Paul's Church Yard, in the city of London, as a common prostitute, for the purpose of getting her living by prostitution of her body); and that, by means of the committing of the said grievances by the defendant, the plaintiff had been prevented from obtaining and receiving divers pupils in the said house where she resided with her mother as aforesaid, which she otherwise would have obtained and received, and from obtaining and earning divers profits therefrom ; and that divers persons, to wit, one Mary Tudor, one Harriett Harris, and one Henry Wetton who, were about to send, and, but for the...
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