140 BLOODWORTH V. GRAY 7 MAN. &"G. 334.

BLOODWOUTH v. GKAY. April 19, 1844.

[S. C. 8 Scott, N. R. 9.]
To say of a person that he has the venereal disease, is actionable per se.
Case, for defamation. The first count, after stating the intention of the defendant
to be, to cause it to be suspected and believed that the plaintiff, at the time of the
committing, &c, was infected with the French pox, otherwise called the venereal
disease, laid the words as follows : " He (meaning the plaintiff) has got that damned
pox (meaning the French pox, otherwise called the venereal disease), from going to
that woman on the Derby road." In the second count, the words alleged were,—
" Ah ! that damned fellow Bloodworth ! I am credibly informed that he has got the
pox." In the third count, "He has got it," (meaning, &c).
[335] The declaration laid, as special damage, that one Palmer, who had been
surety for the plaintiff for the rent of his farm, had, in consequence of the slander,
withdrawn from his suretyship; and that, by means of the premises, the plaintiff's
wife died, whereby the plaintiff had lost her comfort, assistance, and services (a) 2 ; and
the plaintiff fell sick and underwent great pain of body, &c.
Plea, not guilty.
At the trial of the cause before G-urney B., at the last Leicestershire assizes, it
appeared that the plaintiff', who was a farmer, was the son-in-law of the defendant,
a major-general on half-pay; and that the marriage had taken place without his consent.
The words were proved as laid, but the proof of special damage wholly failed. It was
contended, on the part of the defendant, that the words were not actionable per se;
but the objection was overruled, and plaintiff recovered a verdict with 501. damages ;
leave was, however, reserved to the defendant to move to enter a nonsuit.
Chaanell Serjt. now moved accordingly; but he admitted the authorities were
against him. He referred to Com. Dig. tit. Action upon the case for defamation
D. 29), and Carslake v. Mapledomm (2 T. R. 473).
TlNDAL C. J. This case falls within the principle of the old authorities.
Per curiam. Rule refused.

(<i)2 As to the effect of the death, see Higgin's case, Noy, Rep. 18, S. C. 2 Roll. Abr.
557, pi. 21 ; ib. 568, pi. 2, 3 ; Anon, cited 1 Keble, 847; Fatter v. Beak, 1 Salk. 11;
Baker v. Bolton, 1 Campb. 493.