Bigelow v. Sprague
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Horace H. Bigelow in an action brought against him by Augustus B. R. Sprague for publishing in a pamphlet a libel concerning said Sprague, which exceptions were disallowed by Barker, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings.
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Petition to establish the truth of exceptions alleged by Horace H. Bigelow in an action brought against him by Augustus B. R. Sprague for publishing in a pamphlet a libel concerning said Sprague, which exceptions were disallowed by Barker, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings. So much of the commissioner’s report as is material to the points decided appears in the opinion.
1Opinion of the CourtHolmes, J.
1. Sprague had introduced evidence tending to show that Bigelow was concerned as a principal in printing and distributing a large number of copies of a libellous pamphlet; and the jury were instructed that all of the distinct publications, if any, or if more than one, which they should find to have been made by Bigelow, were to be treated by them as substantiating the allegation of a publication in the declaration; that all publications that they should find to have been made by Bigelow before the writ were to be treated by them as a publication upon which Sprague could recover. The words “…
2Cases cited10 opinions
- Fry v. . BennettNew York Court of Appeals · 1863
- Swift v. DickermanSupreme Court of Connecticut · 1863
- Hastings v. StetsonMassachusetts Supreme Judicial Court · 1881
- Carman v. NewellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Paddock v. WellsNew York Court of Chancery · 1847
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3Cited by27 opinions
- Brauer v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1966
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Commonwealth v. SusiMassachusetts Supreme Judicial Court · 1985
- Theresa Lyons and Dennis Lyons v. National Car Rental Systems, Inc. (Of Delaware)Court of Appeals for the First Circuit · 1994
- Maytag v. CumminsCourt of Appeals for the Eighth Circuit · 1919
22 more not listed; retrieve them via the Exa API.