Bradt v. Towsley
New York Supreme Court
' The declaration in this case is in slander for charging the plaintiff, & female, with being a prostitute. Besides the general allegation, that by means of the speaking of the words charged in the declaration, the plaintiff was greatly injured in her reputation and brought into public scandal, infamy and disgrace, it was alleged that by reason of the scandal and disgrace brought upon the plaintiff by the speaking of the words, she had become sad and dejected in mind, and…
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' The declaration in this case is in slander for charging the plaintiff, & female, with being a prostitute. Besides the general allegation, that by means of the speaking of the words charged in the declaration, the plaintiff was greatly injured in her reputation and brought into public scandal, infamy and disgrace, it was alleged that by reason of the scandal and disgrace brought upon the plaintiff by the speaking of the words, she had become sad and dejected in mind, and enervated, enfeebled and languid in body, for á long space of time, to wit, for the space of six months, during all which…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is now too late to interrupt the current of authority adjudging that words charging a female with lewdness are not actionable, though it is very palpable that the presumption of damage is quite as strong as in any case in which it is presumed. For instance, damage is presumed if one charges a clergyman with intemperance or profligacy, because they tend to his temporal damage. So a charge of dishonesty in a lawyer, bankruptcy in a merchant, ignorance in a physician, and many other cases ; but where a charge of want of chastity is made against a female, which has a…
2Cases cited1 opinion
- Olmsted v. MillerNew York Supreme Court · 1828
3Cited by6 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- McQueen v. FulghamTexas Supreme Court · 1864
- Williams v. HoldredgeNew York Supreme Court · 1854
- Fuller v. FennerNew York Supreme Court · 1853
- Underhill v. WeltonSupreme Court of Vermont · 1859
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