
    DUDLEY vs. HORN AND WIFE.
    2. Words spoken by defendant of and concerning plaintiff, charging him with haying beaten bis wife so that he made her miscarry, are not actionable; they do not, of themselves, and without an innuendo, amount to more than a charge that plaintiff committed an assault and battery on his wife.
    Error to tbe Circuit Court of Eussell.
    Tried before tbe Hon. Eobert Dougherty.
    This was an action of slander, brought by tbe plaintiff against tbe defendants in error, for words spoken. Tbe court below sustained a demurrer to the declaration, and this is now assigned for error.
    S. F. Eioe, for plaintiff in error.
    J. E. Belser, contra.
    
   GOLDTHWAITE, J.

— Tbe declaration alleges, that Elizabeth Horn, wife of Michael Horn, falsely and maliciously charged tbe plaintiff in error with beating bis wife, so that be made her miscarry, and contains no innuendo explanatory of tbe words. Tbe ruling of tbe court below, in sustaining a demurrer to this declaration, is tbe point presented by tbe assignment of errors.

Tbe words charged in tbe declaration do not, of themselves, and without any innuendo, amount to more than a charge that tbe plaintiff bad committed an assault and battery on bis wife. Tbe speaking of such words is not actionable. Skinner v. White, 1 Dev. & Bat. 473; Andres v. Koppenheafer, 4 S. & R. 261.

Tbe judgment is affirmed.  