WILLIAMS v. RUTHERFORD FREIGHT LINES, INC.

No. 7121SC3.

179 S.E.2d 319 (1971)

10 N.C. App. 384

Eugene K. WILLIAMS v. RUTHERFORD FREIGHT LINES, INC., a corporation, and Lester L. Wofford, an Individual. James M. WILLARD v. RUTHERFORD FREIGHT LINES, INC., a corporation, and Lester L. Wofford, an Individual.

Court of Appeals of North Carolina.

February 24, 1971.


Attorney(s) appearing for the Case

White, Crumpler & Pfefferkorn, by James G. White, Fred G. Crumpler, Jr., Joe P. McCollum, Jr., William G. Pfefferkorn, and Michael J. Lewis, Winston-Salem, for plaintiff appellants.

Blakeney, Alexander & Machen, by Ernest W. Machen, Jr., and J. W. Alexander, Jr., Charlotte, for defendant Rutherford Freight Lines, Inc.

Childs & Patrick, by Bailey Patrick, Jr., Charlotte, for defendant Lester L. Wofford.


GRAHAM, Judge.

Where false statements are actionable only per quod, some special damage must be pleaded and proved. 5 Strong, N.C. Index 2d Libel and Slander, § 4, p. 207, and cases therein cited. "When items or special damage are claimed each shall be averred." G.S. § 1A-1, Rule 9(g). Special damage, as that term is used in the law of defamation means pecuniary loss, as distinguished from humiliation. Penner v. Elliott, 225 N.C. 33, 33 S.E.2d 124...

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