Larive v. Willitt

[141]

VAN DYKE, P. J.

Plaintiff and appellant brought an action in slander against a number of defendants, some of whom are not respondents here. His complaint as originally filed contained a single count, but responsive to successively sustained demurrers he filed a second amended complaint containing three counts. Demurrers were overruled to the first count, but sustained with leave to amend as to the second and third counts. Plaintiff declined to amend further, judgments of dismissal as to said two counts were entered, and therefrom he appeals.

The second count was against defendant and respondent Reiman alone. It incorporates certain allegations contained in the first count and as so augmented alleges the following matters: That he is a school teacher by profession; that when the alleged slanders were committed he was employed by the Board of Trustees of LeGrand Union High School District as district superintendent thereof and as principal of the high school; that his salary was $7,500 per year under a four-year contract; that Reiman maliciously uttered of appellant false statements with the purpose of causing the school board to discharge him from employment; that he spoke to one Richard Watry these words: “I also feel that when the principal walks down the hallways and says nothing, it isn’t just right; holding hands is one thing, but petting is another”; that by that statement Reiman meant and was understood to mean that appellant had failed to discipline a boy and girl who had been guilty of improper embraces in his presence in the hallway of said building; that the utterance of said slanderous statements caused the school board to discharge appellant, whereby he lost the sum of $26,625 in salary; that he suffered mental anguish and loss of reputation to his damage in the sum of $100,000, and further suffered injury to his reputation as a teacher and administrator whereby he will continue to lose compensation and gain which would otherwise have accrued to him in the further sum of $150,000.

The third count of the complaint had to do with alleged slanderous statements made by respondent Hiram Lancaster. The allegations of this count were the same as those in the count against Reiman save as to the alleged slanderous statements concerning which appellant alleged that Lancaster said to divers persons “concerning a boy and girl found in the gymnasium of said school, ‘They were embracing, and Mr. Larive walked straight toward them and kind of glanced at