Bellis v. Roberts

Daytoh, J. (dissenting).

Assuming that the trial judge was technically in error in charging the jury that the defendant’s answer, alleging the truth of the slander, might be *495considered by them in aggravation of damages, I do not discover that the exception taken relates to the nse of these words, or of the word “ aggravation.” It seems to me also that the discussion of the charge before the retirement of the jury, taken in connection with the entire charge, resulted in a fair submission of the only question at issue, viz., the amount of exemplary damages for a practically admitted slander. I do not consider the verdict excessive.

The judgment should be affirmed, with costs.

Judgment reversed, with costs.