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Speaker, in Errror v. McKenzie, in Error
Richardson, Judge,
delivered the opinion of the court.
This was a suit for slander, and the words alleged to have been spoken are- that the plaintiff had whipped his mother. This charge imputed only an assault and battery, and the words laid in the petition are not actionable without the averment of special damage. (Birch v. Benton, 26 Mo. 153.) The demurrer to the petition was properly sustained; and the other judges concurring, the judgment will be affirmed.