Legal Opinion

Sumner v. Utley

Supreme Court of Connecticut

Decided July 15, 1828PublishedCited by 14 opinions

This was an action of slander, tried at Norwich, January term, 1828, before Lanman, J. In his declaration the plaintiff averred, that the defendant falsely and maliciously spoke of and concerning him, in his profession of a physician, the following words : “ He has killed three, and ought to be hung; damn him. They all died through his mismanagement. I have understood he left the after-birth ; and a man that would do that. ought to be hung.”

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This was an action of slander, tried at Norwich, January term, 1828, before Lanman, J. In his declaration the plaintiff averred, that the defendant falsely and maliciously spoke of and concerning him, in his profession of a physician, the following words : “ He has killed three, and ought to be hung; damn him. They all died through his mismanagement. I have understood he left the after-birth ; and a man that would do that. ought to be hung.” These words, the plaintiff averred, were uttered, by the defendant, in relation to his, the plaintiff’s treatment of Phebe Johnson and her twin children,…

1Opinion of the Court

Hosmer, Ch. J.

That words published of a physician, falsely imputing to him general ignorance or want of skill in his profession, are actionable in themselves, on the ground of presumed damage, is unquestionable ; nor has it been questioned. Stark. Sland. 100. 110. 115. 10. 12 Martyn v. Burlings, Cro. Eliz. 589. Bac. Abr. tit. Slander. B. Watson v. Vanderlash, Het. 69. Tutley v. Alewin, 11 Mod. 221. Smith v. Taylor, 1 New Rep. 196.

The only objection made rests on this proposition ; that to say of a man in reference to his profession, that there was a want of skill or good management in his…

2Cited by14 opinions

  1. Moriarty v. LippeSupreme Court of Connecticut · 1972
  2. Proto v. Bridgeport Herald CorporationSupreme Court of Connecticut · 1950
  3. Yavis v. SullivanSupreme Court of Connecticut · 1950
  4. Dale System, Inc. v. Time, Inc.District Court, D. Connecticut · 1953
  5. Pratt v. Pioneer-Press Co.Supreme Court of Minnesota · 1886

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