Legal Opinion

Freisinger v. Moore

Supreme Court of New Jersey

Decided November 19, 1900PublishedCited by 4 opinions

In tort. On error to the Supreme Court. This cause was tried at the Atlantic Circuit before Justice Ludlow and a jury, and a nonsuit ordered.

1Opinion of the Court

The opinion of the court was delivered by

Hendeickson, J.

This writ is brought to review a judgment of nonsuit granted at the Atlantic Circuit upon an issue out of the Supreme Court. The action was tort, for slander.

The grounds for this judicial action are briefly stated: (1) that the alleged slanderous words, as pleaded, are not actionable per se; (2) that the proofs do not sustain the allegations of the pleadings; (3) that no special damage was proven.

The first of these points is the pivotal one, for if the words in themselves are actionable, then the nonsuit was wrong, unless there was a…

2Cases cited1 opinion

  1. Ritchie v. WiddemerSupreme Court of New Jersey · 1896

3Cited by4 opinions

  1. Kruse v. RabeSupreme Court of New Jersey · 1911
  2. Baldwin v. Point Pleasant Beach Surf ClubNew Jersey Superior Court Appellate Division · 1949
  3. Allen v. OppenheimerU.S. Circuit Court for the District of New Jersey · 1909
  4. Davis v. Trust Co.Supreme Court of New Jersey · 1948

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