context: Here, Penn invokes the second cause of action articulated by the Mauck court, namely, that Kidder's comment constituted insulting words which tend to violence and to a breach of the peace. Kidder's comment, however, while a crude sexual remark, was neither a vituperative epithet nor traditional racial slur of the type which the Supreme Court of Appeals have held to be actionable under section 55-7-2.
citation_a.signal: see also
citation_a.parenthetical: finding error in a jury instruction regarding section 55-7-2 where words were, overall, not vituperative epithets or racial slurs
citation_a.sentence: See Mauck, 280 S.E.2d at 219; compare with Covey v. Fields, 177 W.Va. 481, 354 S.E.2d 413, 414 (1987) (holding that plaintiff “tendfed]” to make out a prima facie case under section 55-7-2 where “testimony was given to the effect that [defendant] had accused [plaintiff] of having ‘a yellow streak’ up his back ‘a foot wide’, and that [defendant] threatened to either pound or grind [plaintiffs] head into the sidewalk upon their next meeting ..., accused [plaintiff] of participating in homosexual and Oedipal dalliances, and attributed to him a canine lineage- ... [and] impugned [plaintiffs wife’s] chastity and virtue in a gross manner”); see also Cunningham v. Martin, 170 W.Va. 411, 294 S.E.2d 264, 266-67 (1982) (finding error in a jury instruction regarding section 55-7-2 where words were, overall, not vituperative epithets or racial slurs).
citation_b.signal: see
citation_b.parenthetical: holding that plaintiff "tendfed]" to make out a prima facie case under section 55-7-2 where "testimony was given to the effect that [defendant] had accused [plaintiff] of having 'a yellow streak' up his back 'a foot wide', and that [defendant] threatened to either pound or grind [plaintiffs] head into the sidewalk upon their next meeting ..., accused [plaintiff] of participating in homosexual and Oedipal dalliances, and attributed to him a canine lineage- ... [and] impugned [plaintiffs wife's] chastity and virtue in a gross manner"
citation_b.sentence: See Mauck, 280 S.E.2d at 219; compare with Covey v. Fields, 177 W.Va. 481, 354 S.E.2d 413, 414 (1987) (holding that plaintiff “tendfed]” to make out a prima facie case under section 55-7-2 where “testimony was given to the effect that [defendant] had accused [plaintiff] of having ‘a yellow streak’ up his back ‘a foot wide’, and that [defendant] threatened to either pound or grind [plaintiffs] head into the sidewalk upon their next meeting ..., accused [plaintiff] of participating in homosexual and Oedipal dalliances, and attributed to him a canine lineage- ... [and] impugned [plaintiffs wife’s] chastity and virtue in a gross manner”); see also Cunningham v. Martin, 170 W.Va. 411, 294 S.E.2d 264, 266-67 (1982) (finding error in a jury instruction regarding section 55-7-2 where words were, overall, not vituperative epithets or racial slurs).