Chesley v. Tompson
Massachusetts Supreme Judicial Court
Tort for slander. The declaration contained two counts, the first alleging that “ the defendant publicly, falsely, and maliciously accused the plaintiff of the crime of perjury, by words spoken of the plaintiff substantially as follows: ‘I say before this officer, that Plumer Chesley committed perjury when before Blackmar.
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Tort for slander. The declaration contained two counts, the first alleging that “ the defendant publicly, falsely, and maliciously accused the plaintiff of the crime of perjury, by words spoken of the plaintiff substantially as follows: ‘I say before this officer, that Plumer Chesley committed perjury when before Blackmar. I say it openly, and intend to bring him before the grand jury.’ ” The second count contained the same allegation as the first count, the words set out as spoken of the plaintiff being as follows: “I say he committed perjury in swearing as he did before Blackmar. I say…
1Opinion of the CourtField, J.
The plaintiff is entitled to recover damages for mental suffering caused by the publication of the slander. Hastings v. Stetson, 130 Mass. 76. Marble v. Chapin, 132 Mass. 225. Mahoney v. Belford, 132 Mass. 393.
In all cases in which the plaintiff is entitled to recover damages for mental suffering, evidence of the actual suffering caused by the act of the defendant is admissible; and, since parties have been admitted as witnesses, the testimony of the plaintiff as to his sufferings is admissible, for he knows best what he has suffered. His interest in the action only affects his credibility.…
2Cases cited3 opinions
- Hastings v. StetsonMassachusetts Supreme Judicial Court · 1881
- Marble v. ChapinMassachusetts Supreme Judicial Court · 1882
- Mahoney v. BelfordMassachusetts Supreme Judicial Court · 1882
3Cited by22 opinions
- Stone v. Essex County Newspapers, Inc.Massachusetts Supreme Judicial Court · 1975
- Urban v. Hartford Gas Co.Supreme Court of Connecticut · 1952
- Earl v. Times-Mirror Co.California Supreme Court · 1921
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Themo v. New England Newspaper Publishing Co.Massachusetts Supreme Judicial Court · 1940
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