Clark v. Brown
Massachusetts Supreme Judicial Court
Tort for slander. The words alleged in the first count were (omitting the innuendoes) : “ Joseph, I accuse Frank of stealing my iron bar, and I can prove it. By God, I can prove it. He has stole my iron bar, cart pin and ox-yoke. By God, it is no secret, I am going to publish it.” The words alleged in the second count were, “ By God, Frank stole my iron bar, and I can prove it. There ain’t no privacy about it, and I am going to spread it.”
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Tort for slander. The words alleged in the first count were (omitting the innuendoes) : “ Joseph, I accuse Frank of stealing my iron bar, and I can prove it. By God, I can prove it. He has stole my iron bar, cart pin and ox-yoke. By God, it is no secret, I am going to publish it.” The words alleged in the second count were, “ By God, Frank stole my iron bar, and I can prove it. There ain’t no privacy about it, and I am going to spread it.” Answer: 1. A general denial; 2. That the words were true; and 3. That the communications were privileged. At the trial in the Superior Court, before Allen,…
1Opinion of the CourtDevens, J.
It is argued for the defendant that, while one may be justly held responsible for slanderous utterances in respect to an innocent person wrongfully defamed, yet that if such person, by some misconduct of his own, has contributed to produce a belief in the truth of the words thus uttered, he cannot complain of the person expressing it; and that, therefore, if the plaintiff wantonly took the property of the defendant as an idle jest or for the purpose of annoyance, the defendant is not liable for saying that he stole the articles, unless he knew that the plaintiff intended to return them, or…
2Cases cited2 opinions
- Robbins v. FletcherMassachusetts Supreme Judicial Court · 1869
- McCabe v. PlatterIndiana Supreme Court · 1843
3Cited by22 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Lynch v. LyonsMassachusetts Supreme Judicial Court · 1939
- Conroy v. Fall River Herald News Publishing Co.Massachusetts Supreme Judicial Court · 1940
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1876
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