Robbins v. Fletcher
Massachusetts Supreme Judicial Court
Tort for slander. The declaration alleged that the defendant accused the plaintiff, being a single woman, of the crime of fornication bywords substantially as follows: “Maria Robbins” (meaning the plaintiff) “ has had a baby.” The answer was a general denial.
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Tort for slander. The declaration alleged that the defendant accused the plaintiff, being a single woman, of the crime of fornication bywords substantially as follows: “Maria Robbins” (meaning the plaintiff) “ has had a baby.” The answer was a general denial. At the trial in the superior court, before Putnam, J., the plaintiff offered as a witness Sarah Hutchins, who testified to a conversation between herself and the defendant as follows : “ He said, ‘ We hear bad reports about some of your girls in the west part of the town.’ Said 1,6 You do ? ’ He said, ‘ Yes. Maria Robbins has had a…
1Opinion of the CourtChapman, C. J.
Under our statute (Gen. Sts. c. 129, § 87) a declaration in slander is sufficient if it sets forth what crime the plaintiff was accused of, and the substance of the language in which the accusation was made. The substance of the words stated must be proved at the trial, and they must import the crime stated. The court properly held that they did so in the present case ; and that the utterance of a similar slander at another time was admissible in evidence. Baldwin v. Soule, 6 Gray, 321. It was proper to prove all that the defendant said at the time he uttered the alleged slander, though all…
2Cited by12 opinions
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