Joseph v. Baars
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Columbia county: Chestee A. Eowleb, Circuit Judge. Slander. Tbe complaint contains two causes of action. Tbe first alleges that tbe defendant falsely charged in tbe presence of two persons named that one K. bad bad sexual intercourse with tbe plaintiff (a girl sixteen years of age), and tbe second alleged that tbe defendant made tbe same charge on another occasion by telephone to one Tamutzer.
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Appeal from an order of tbe circuit court for Columbia county: Chestee A. Eowleb, Circuit Judge. Slander. Tbe complaint contains two causes of action. Tbe first alleges that tbe defendant falsely charged in tbe presence of two persons named that one K. bad bad sexual intercourse with tbe plaintiff (a girl sixteen years of age), and tbe second alleged that tbe defendant made tbe same charge on another occasion by telephone to one Tamutzer. Tbe defendant by answer alleged tbe truth of tbe. statements, and as a separate defense to tbe second cause of action alleged that Tamutzer was the village…
1Opinion of the CourtWiNslow, C. J.
The trial judge granted a new trial because he thought he had given an erroneous instruction to the jury with regard to the defense of conditional privilege. He charged the jury that in order to find for the defendant on the ground of privilege they must be “satisfied" by the preponderance of the evidence that the defendant spoke to Tamutzer in good faith believing him to be a constable with the authority and charged with the duty of instituting a criminal prosecution and apprehending persons committing crimes, with reasonable grounds for believing the man K. guilty of a criminal act of…
2Cases cited3 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Calkins v. SumnerWisconsin Supreme Court · 1860
- Dale v. HarrisMassachusetts Supreme Judicial Court · 1872
3Cited by16 opinions
- Pecue v. . WestNew York Court of Appeals · 1922
- Calero v. Del Chemical Corp.Wisconsin Supreme Court · 1975
- Bromund v. HoltWisconsin Supreme Court · 1964
- Aku v. LewisHawaii Supreme Court · 1970
- Jeffrey L. Madison v. George W. ManterCourt of Appeals for the First Circuit · 1971
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