The general rule is that words not actionable in themselves are not actionable when spoken of one in his office, profession or trade, unless they touch him in the office. Words may have a tendency to injure a plaintiff professionally and yet if they are not spoken of him in his profession they are not actionable without proof of special damage. In D’Ovley v. Roberts (1837) 3 Bing. (N.C.) 835, 6 L.J.C.P. 279, 132 E.R. 634, the jury found that the words complained of were not spoken of the plaintiff in his business, but that they had a tendency to injure him professionally. This was held to be a verdict for the defendant, Mr. Justice Vaughan stating: When the jury found that these words were not spoken of the plaintiff in his character of attorney, they took the sting out of the imputation.
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