
    Kelly v. Huffington.
    In slander, the plaintiff is not permitted to prove special damage not stated in the declaration; and the plaintiff may recover, although he shall have failed to prove the special damage laid in his declaration.
    Slander, in saying of a master of a vessel that he is a drunkard, and incapable of managing a vessel. The declaration stated, as a special damage, that Captain Rose refused to take him as mate of the ship Shenandoah.
    The plaintiff offered evidence of special damage, not stated in the declaration.
    
      Mr. Taylor, for the defendant, objected to it, and the CouRT, (Thruston, J., absent,) sustained the objection.
    
      Mr. Taylor then prayed the Court to instruct the jury, that if they should be of opinion that the plaintiff has not supported the averment of the special damage in the declaration, the plaintiff is not entitled to recover any damages in this action.
   But the Couet refused.  