Hatfield v. . Lasher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action for slander brought under the statute (chap. 219, Laws of 1871) for words alleged to have been spoken imputing unchastity to the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action for slander brought under the statute (chap. 219, Laws of 1871) for words alleged to have been spoken imputing unchastity to the plaintiff. Defendant in his answer set up facts and circumstances tending to show the truth of the charge both in bar and in mitigation, and gave evidence on the trial tending to prove these facts and circumstances. The court in its charge instructed the jury as follows in reference to…
1Opinion of the Court
Folger, Ch. J.
The court was right in charging that the facts which the defendant proved to mitigate the damages must, to have that effect, have been known to him and believed by him before he uttered the slanderous words. How do such facts operate to mitigate the damages? Hot by showing thereby that the reputation of the plaintiff is so bad as that the words spoken by the defendant cannot make it worse. “It has long been settled in this State * * * that although evidence is admissible to prove the general character of the plaintiff to be bad, yet that no mere reports or rumors, not amounting…
2Cases cited6 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Root v. King & VerplanckNew York Supreme Court · 1827
- Gilman v. LowellNew York Supreme Court · 1832
- Willover v. . HillNew York Court of Appeals · 1878
- Bisbey v. . ShawNew York Court of Appeals · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Holmes v. . JonesNew York Court of Appeals · 1895
- Barkly v. CopelandCalifornia Supreme Court · 1887
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Lauder v. JonesNorth Dakota Supreme Court · 1904
29 more not listed; retrieve them via the Exa API.