Wozelka v. . Hettrick
Supreme Court of North Carolina
Slander — Pleading—Mitigation of Damages. This was a civil ACTION tried before Shipp, Judge, at Spring Term, 1885, of Chowan Superior Court.
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Slander — Pleading—Mitigation of Damages. This was a civil ACTION tried before Shipp, Judge, at Spring Term, 1885, of Chowan Superior Court. The defamatory words alleged in the complaint to have been spoken by the defendant concerning the plaintiff, and for the redress of which this action is brought, are contained in sections 5, 8 and 11, as follows: Sec. 5. “That on or about August 15th, 1883, at about daybreak, the defendant met one Robert D. Bunch, a citizen of said town, on one of the public streets thereof and in reply to an inquiry of said Bunch, “What are you doing out so soon this…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). It can scarcely be necessary, to sustain these rulings of the judge, to refer to adjudged cases or the authority of elementary writers. The utmost effect that could be given to the bona fide belief by the defendant of the plaintiff’s guilt, if the language was thus uttered, was in mitigating the damages, and he had full benefit of this presentation of excuse. It could not justify or exonerate from the consequences of the false accusation. Certainly no wrong was done to the defendant.
After verdict on a motion in arrest of judgment, objection was taken to…
2Cases cited1 opinion
- Burns v. . WilliamsSupreme Court of North Carolina · 1883
3Cited by7 opinions
- Fields v. . BynumSupreme Court of North Carolina · 1911
- Hamilton v. . NanceSupreme Court of North Carolina · 1912
- Jones v. MurraySupreme Court of Missouri · 1902
- Orth v. FeatherlyMichigan Supreme Court · 1891
- Hartman v. Morning Journal Ass'nNew York Court of Common Pleas · 1892
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