Legal Opinion

Reed v. Keith

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 7 opinions

Appeal from a judgment of the superior court of Douglas county: ChaRles Smith, Judge. The complaint charges that the defendant spoke of and concerning the plaintiff certain defamatory words set out in the opinion. The answer admits that he spoke the words, but alleges that they were directed to the plaintiff, and were spoken without malice.

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Appeal from a judgment of the superior court of Douglas county: ChaRles Smith, Judge. The complaint charges that the defendant spoke of and concerning the plaintiff certain defamatory words set out in the opinion. The answer admits that he spoke the words, but alleges that they were directed to the plaintiff, and were spoken without malice. In mitigation of damages, the defendant alleges that he was one of the charterers of the steamer Christopher Columbus, and in control of the boat; the plaintiff was an employee on the boat, in charge of a fruit stand; that it was a part of plaintiff’s duty…

1Opinion of the CourtBardeen, J.

The verdict of the jury was clearly excessive ; so much so as to indicate that they did not consider the rights of the parties with that fairness and candor that should have characterized their deliberations. The trial court seems to have been of that opinion when he required the plaintiff to remit from the verdict the sum of $1,300. But upon what theory he proceeded we are not advised. Whether he was of opinion that the evidence failed to show, such circumstances of malicé and ill-will as to warrant punitory damages, or whether he felt that the verdict was simply excessive and ought not to…

2Cases cited3 opinions

  1. Eviston v. CramerWisconsin Supreme Court · 1883
  2. Templeton v. GravesWisconsin Supreme Court · 1883
  3. Brueshaber v. Hertling & HusbandWisconsin Supreme Court · 1891

3Cited by7 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
  3. Entzminger v. Ford Motor Co.Wisconsin Supreme Court · 1970
  4. Meshane v. Second Street Co.Wisconsin Supreme Court · 1928
  5. Conard v. DillinghamArizona Supreme Court · 1922

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