Hutchinson v. Wheeler
Supreme Court of Vermont
This was an notion for slander. Plea — tile general issue, and trial by jury, at the March Term, 1861, Peck, J., presiding. The plaintiff on trial introduced evidence tending to show tho speaking of the words set forth in the declaration, and that they were spoken in the sense and meaning attributed to them in the declaration, and tending to prove all the facts necessary to entitle the plaintiff to recover on these counts.
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This was an notion for slander. Plea — tile general issue, and trial by jury, at the March Term, 1861, Peck, J., presiding. The plaintiff on trial introduced evidence tending to show tho speaking of the words set forth in the declaration, and that they were spoken in the sense and meaning attributed to them in the declaration, and tending to prove all the facts necessary to entitle the plaintiff to recover on these counts. The sgbstajice of the slander charged in the declaration, was that the defendant poisoned the plaintiff’s cow, and thereby caused her death. The defendant then offered to…
1Opinion of the Court
Poland, Ch. J.
In an action of slander, for words imputing a crime to the plaintiff, on" proving that the defendant spoke the words constituting the charge, the plaintiff is entitled to recover, *336unless the defendant interpose some ground of justification by-plea, and support it by proof.
The plaintiff is not bound to give any proof of malice in the defendant; the law implies malice from the speaking, sufficient to maintain the action. The action, however, proceeds on the ground of malicious speaking, and malice is one of the most important and essential elements of the defendant's liability.…
2Cases cited1 opinion
- Ely v. TweedySupreme Court of Connecticut · 1847
3Cited by6 opinions
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Georgia Railroad & Banking Co. v. LybrendSupreme Court of Georgia · 1896
- State v. HendersonWest Virginia Supreme Court · 1886
- Lancour v. Herald and Globe Ass'n.Supreme Court of Vermont · 1942
- Ellsworth v. PotterSupreme Court of Vermont · 1869
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