Carroll v. White
New York Supreme Court
DEMURRER to the third count, or cause of action stated in thé complaint. The complaint contains three counts in slander. • By each of the first two counts the defendant is charged with slandering the plaintiff in his profession as a physician and surgeon, and each of them contains an inducement, colloquium and innuendoes appropriate to be stated in order to give meaning and point to* the words alleged to have been uttered.
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DEMURRER to the third count, or cause of action stated in thé complaint. The complaint contains three counts in slander. • By each of the first two counts the defendant is charged with slandering the plaintiff in his profession as a physician and surgeon, and each of them contains an inducement, colloquium and innuendoes appropriate to be stated in order to give meaning and point to* the words alleged to have been uttered. The third count is in the following words, to wit: “ 3d. For a further and other complaint and cause of action the plaintiff upon his information and belief says that…
1Opinion of the CourtBockes, J.
The words charged were clearly actionable per se, if spoken of the plaintiff in his profession, as they would then clearly impute to him ignorance, recklessness or unskillfulness, if not criminality. In Tutty v. Alewin, (11 Mod. Rep. 283,) these words were spoken of an apothecary. “ It is a world of blood he has to answer for in this town, through his ignorance he did kill a woman and two children at Southampton—he did kill John Prior at Petersfield—he was the death of John Prior—he has killed his patient with physic.” They were held actionable. In Watson v. Vanderlash, (Hetley’s Rep. 69,)…
2Cases cited2 opinions
- Secor v. HarrisNew York Supreme Court · 1854
- Eckart v. WilsonSupreme Court of Pennsylvania · 1823
3Cited by9 opinions
- Wright v. PaigeNew York Supreme Court · 1862
- Wright v. PaigeNew York Court of Appeals · 1867
- Cole v. NeustadterOregon Supreme Court · 1892
- Godby v. CommonwealthCourt of Appeals of Kentucky · 1973
- Vosbury v. Utica Daily Press Co.Appellate Division of the Supreme Court of the State of New York · 1918
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