Eames v. Whittaker
Massachusetts Supreme Judicial Court
Tort for slander. The declaration alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of larceny, by words spoken of the plaintiff substantially as follows : “ He broke into my house and robbed it.” “ He entered my house and robbed it.” “ He entered my house and stole my money and my son’s money.” “ My son Herbert saw him in the house and saw him rob it, and will testify to it.”
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Tort for slander. The declaration alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of larceny, by words spoken of the plaintiff substantially as follows : “ He broke into my house and robbed it.” “ He entered my house and robbed it.” “ He entered my house and stole my money and my son’s money.” “ My son Herbert saw him in the house and saw him rob it, and will testify to it.” Answer: 1. A general denial. 2. That the accusations, if made, were true. 3. That, if the words alleged to have been spoken should be proved, they were privileged…
1Opinion of the CourtMorton, J.
1. Upon grounds of public policy, communications which would otherwise be slanderous are protected as privileged, if they are made in good faith in the prosecution of an inquiry regarding a crime which has been committed and for the purpose of detecting and bringing to punishment the criminal. The instructions in this case at the trial were substantially in accordance with this rule and were correct.
2. It is not shown that there was any error in the rejection of the testimony of the witness Mulchay. The declarations made by the son of the defendant were not admissible as proof of the facts he…
2Cases cited2 opinions
- Strong v. ConnellMassachusetts Supreme Judicial Court · 1874
- Foot v. HunkinsMassachusetts Supreme Judicial Court · 1868
3Cited by21 opinions
- Howes v. ColburnMassachusetts Supreme Judicial Court · 1896
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Tourtelotte v. BrownColorado Court of Appeals · 1894
- Swanson ex rel. Langstrum v. FrenchSupreme Court of Iowa · 1894
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