Legal Opinion

Wilson v. Fall River Daily Herald Publishing Co.

Massachusetts Supreme Judicial Court

Decided February 24, 1887PublishedCited by 1 opinion

Tort. The declaration was as follows: “ And the plaintiff says that the defendant caused to be published in a newspaper called the ‘ Fall River Daily Herald,’ printed and published in Fall River in said county, a false and malicious libel concerning the plaintiff, a copy whereof is hereto annexed and is as follows: ‘ Thomas Wilson (meaning the plaintiff) stole a shawl from a wagon on Spring Street yesterday afternoon.

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Tort. The declaration was as follows: “ And the plaintiff says that the defendant caused to be published in a newspaper called the ‘ Fall River Daily Herald,’ printed and published in Fall River in said county, a false and malicious libel concerning the plaintiff, a copy whereof is hereto annexed and is as follows: ‘ Thomas Wilson (meaning the plaintiff) stole a shawl from a wagon on Spring Street yesterday afternoon. The thief (meaning the plaintiff) was noticed by some passer by, who gave chase to the thief (meaning the plaintiff) and overtook him on South Main Street. The shawl was…

1Opinion of the CourtGardner, J.

Tbe bill of exceptions gives us no information as to tbe trial. It does not state wbetber tbe question objectéd to became material in tbe course of tbe trial. There is nothing in tbe bill of exceptions tending to show tbat there was more than one Thomas Wilson in tbe city of Fall River. If there was no contention between tbe parties as to tbe identity of tbe plaintiff as the Thomas Wilson referred to in tbe libellous publication, then tbe evidence introduced was immaterial-and innocuous. Goodrich v. Davis, 11 Met. 478. Tbe defendant fails to show us that be was injured or aggrieved by the…

2Cited by1 opinion

  1. Burns v. JonesMassachusetts Supreme Judicial Court · 1912

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