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This holding undoubtedly was correct. § 8343(a):These archaic pleading terms stuck so hardily to slander actions that today "slander per quod" and "slander per se" retain their original meanings as, respectively, slander actionable only on a showing of special harm to the plaintiff, and slander actionable even without special harm.

Eldredge listed Pennsylvania among those states holding that all libels, whether defamatory on their face or through extrinsic facts, were actionable without the need to prove special harm. At early common law a person generally could not recover for slanderous utterances unless they caused him "special harm," meaningIn 1938, the first Restatement of Torts adopted the position that all libels are actionable without proof of special harm.

Id. Michael W. Wickham. Where an individual is made the victim of a false, malicious, and defamatory libel published to third persons, it is unfair to hold that vindication of his good name in the courts depends upon proof that the injury to his reputation has injured him economically as well. 432. Roadway Express was founded in 1930 by brothers Galen and Carroll Roush in Akron, Ohio.

203 (1936). It is for the court in the first instance to make this determination; but if the communication could be understood as defamatory then it is for the jury to determine whether it was so understood by the recipient. Agriss himself testified that upon returning from Hawaii he was greeted with comments and questions about the warning from several drivers, and also heard the charge against him discussed indiscriminately over the citizens band radio.

In response and on redirect examination, appellant testified that Fiore's visits to Tannersville were very rare, that ordinarily any inquiry from Fiore came to his attention, and that Fiore had never contacted him personally about the letter. Perhaps such sparing use would be commendable if it evidenced an abandonment of archaic pleading terms. Nichols, Inc., 591 F.2d 242 (3rd Cir. The substantive law of defamation continues to recognize the original four categories of slander "actionable per se," see Restatement (Second), supra, § 570, with all other slanders actionable only on a showing of special harm, see id., § 575. See also Rybas v. Wapner, supra (characterization of plaintiff as anti-Semitic not actionable).After fruitlessly trying to convince Moran to drop the charge, Agriss went to Roadway's district safety supervisor, *303 Ronald Brophy, thinking Brophy might know something about the charge. Nowhere is the pervasive, perverse sway of the distinction more evident than where "per se" enters the discussion.In accordance with the normal grievance procedure, both the warning letter and Agriss's protest were forwarded to the union business agent, Peter Fiore, in Stroudsburg, Pa.

Early History. & C.2d 240 (C.P.

Implicit in the court's decision to grant nonsuit is a distinction between "libel per se" and "libel per quod," and between different burdens of proof which these two forms of libel are thought to require. § 1702. If so, the Court was following the hybrid rule. at 82. The plaintiff proved no special damages, and the Supreme Court, while noting this fact, left standing $2,500 in damages.Reargument Denied November 20, 1984.We believe that Tumbarella correctly states the law applicable to this type of case, although we would slightly modify the quoted portion of the rule to fit the special facts of this case and the law of Pennsylvania on absolute privilege.
McAndrew, however, was reversed on other grounds, 364 Pa. 504, 72 A.2d 780 (1950), and later decisions reintroduced the ambiguity that had previously existed in Pennsylvania law.The plaintiff's burden of proof in a defamation case is set out in 42 Pa.C.S. Appellant proved no special damages; thus the court's fourth ground for entering nonsuit. Agriss instituted this suit, claiming that Roadway had defamed him. 1979). Nor does appellee dispute the notion that it had control, through its managers or agents, of the employee personnel file. Aside from Versuk, Moran, and Brophy, Agriss had mentioned the charge only to his girlfriend.
Id.Agriss testified without qualification that aside from the parties who were privileged under the grievance procedure, he had told no one else at Roadway about the charge except Ronald Brophy, a management-level employee.

However, the courts continue to use "per se" without distinguishing between "defamatory on its face" and "actionable without proof of special damages," or between libel and slander.

Roadway Express honored 55 drivers who reached that milestone without an accident, in ceremonies at Volvo’s New River Valley truck assembly plant. We cannot dispel completely the confusion that has been accreting for decades, but we can separate terminological chaff from kernels of legal principle.Recent attempts by the United States Court of Appeals for the Third Circuit to sort out the various meanings of "per se" in Pennsylvania defamation law have gone virtually unnoticed in the state courts, and arguably contribute their own share of confusion. After the plaintiff rested his case, the court granted the defendant's motion for compulsory nonsuit, ruling that the plaintiff's evidence failed to prove a cause of action for defamation. public office .