Crawford v. Barnes
Supreme Court of North Carolina
Civil actioN, heard on complaint, and demurrer, before Robinson, J., at Pall Term, 1895, of Haywood Superior Court. The 4th and 5th paragraphs of the complaint were as follows : “ IY.
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Civil actioN, heard on complaint, and demurrer, before Robinson, J., at Pall Term, 1895, of Haywood Superior Court. The 4th and 5th paragraphs of the complaint were as follows : “ IY. That the defendant, W. S. Barnes, well knowing the facts as hereinbefore alleged, and contriving and wickedly and maliciously intending to injure the plaintiff in his good name and credit, and to destroy the confidence of the people of his district in his integrity, fidelity and fitness for the office he held as a Member of Congress as aforesaid, did, in making public speeches in the Ninth Congressional District…
1Opinion of the Court
Clark., J.:
The language charged to have been uttered by the defendant did not impute to the plaintiff an indictable or infamous offence, nor was it calculated to disparage him in his office (for it was no part of his official obligation to support the “ Alliance demands ”). Hence the words are not actionable per se. Ramsey v. Cheek, 109 N. C., 270; Barnes v. Crawford, 115 N. C., 76; Odger On Libel and Slander, 808. The action therefore cannot be sustained except upon allegation and proof of special damage. The special damage alleged, to-wit, the loss of the election of the plaintiff to…
2Cases cited4 opinions
- Ramsey v. . CheekSupreme Court of North Carolina · 1891
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Barnes v. . CrawfordSupreme Court of North Carolina · 1894
- Bynum v. Board of CommissionersSupreme Court of North Carolina · 1888
3Cited by3 opinions
- Tallent v. BlakeCourt of Appeals of North Carolina · 1982
- Williams v. Rutherford Freight Lines, Inc.Court of Appeals of North Carolina · 1971
- Ringgold v. . LandSupreme Court of North Carolina · 1937