Fredrickson v. Johnson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. It is no publication where the words are only communicated to" the person defamed. Odgers, Libel, 150; Starkie, Sland. 13, 14;. 2 Bouvier, 485. Evidence of former or subsequent defamation is', only admissible to determine quo animo the words were published;; that is, when malice in fact is in issue. 13 Am. & E. Ene.
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Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. It is no publication where the words are only communicated to" the person defamed. Odgers, Libel, 150; Starkie, Sland. 13, 14;. 2 Bouvier, 485. Evidence of former or subsequent defamation is', only admissible to determine quo animo the words were published;; that is, when malice in fact is in issue. 13 Am. & E. Ene. L. 431, and: cases cited; Odgers, Libel, 280. It is what is understood by those who hear the whole conversation which is to determine the slanderous character…
1Opinion of the CourtBuck, J.
The plaintiff brought this action to recover damages which he claims that he has sustained by reason of the defendant defaming his character. In the complaint it is alleged that at the city of Minneapolis on July 13, 1893, the defendant “did, in the presence and hearing of a large number of persons and citizens, falsely and maliciously speak and publish of and concerning the plaintiff the false, scandalous, malicious, and defamatory words following, that is to say: ‘You (meaning the plaintiff) are a damned robber. You (meaning the plaintiff) are a damned thief. You (meaning the plaintiff) and…
2Cases cited2 opinions
- Gribble v. Pioneer Press Co.Supreme Court of Minnesota · 1885
- McDonald v. WoodruffU.S. Circuit Court for the District of Eastern Arkansas · 1871
3Cited by11 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Pandolfo v. Bank of BensonCourt of Appeals for the Ninth Circuit · 1921
- Peterson v. Western Union Telegraph Co.Supreme Court of Minnesota · 1899
- Hammersten v. ReilingSupreme Court of Minnesota · 1962
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