McCall v. Sustair
Supreme Court of North Carolina
Appeal from Biggs, J., at May Term, 1911, of MegkleN-BTTRG-. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Chief Justice Clark.
1Dissent
"WalkeR, J.,
dissenting: A man’s intention cannot, in the nature of things, have anything to do with the slanderous character of his words. He is to be judged by what his words mean, and not by what his secret intention may have been. The law gives an action for slander because of the dangerous tendency of the words. You violate a fundamental maxim of the law when you say that a man may utter words which, on their very face, mean one thing defamatory of his neighbor, and yet another because he did not intend that they should have that meaning. It is not his intent that does the harm, but his…
2Cases cited10 opinions
- Holmes v. . JonesNew York Court of Appeals · 1895
- Fields v. . BynumSupreme Court of North Carolina · 1911
- A. H. Belo & Co. v. SmithTexas Supreme Court · 1897
- Drummond v. LeslieIndiana Supreme Court · 1840
- Jackson v. WilliamsSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.