Ward v. Merriam
Massachusetts Supreme Judicial Court
Tort for alleged slander. Writ dated September 13, 1904. The first count alleged that the defendant on September 7, 1904, charged the plaintiff with the crime of adultery by words spoken of her substantially as follows: “ Ward (meaning the plaintiff’s husband) has sold half of his wife to Legeyt (meaning Warren Legeyt) hasn’t he?” The second count alleged that the defendant on September 9, 1904, charged the plaintiff with the crime of adultery by words spoken of her…
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Tort for alleged slander. Writ dated September 13, 1904. The first count alleged that the defendant on September 7, 1904, charged the plaintiff with the crime of adultery by words spoken of her substantially as follows: “ Ward (meaning the plaintiff’s husband) has sold half of his wife to Legeyt (meaning Warren Legeyt) hasn’t he?” The second count alleged that the defendant on September 9, 1904, charged the plaintiff with the crime of adultery by words spoken of her substantially as follows: “ She (meaning the plaintiff) is nothing but a damned whore anyway.” The third count alleged that the…
1Opinion of the CourtRugg, J.
This is an action for slander. At the close of the evidence, the defendant requested rulings that the plaintiff could not recover upon the first and the third counts. He also asked for a specific ruling as to the effect of certain words which the defendant testified that he spoke instead of those alleged in the first count. By an answer to a question, the jury found that the defendant used the language set forth in the first count. On this ground the defendant’s exception to his request for the specific ruling must be overruled.
The question presented by the other two requests is a very…
2Cases cited2 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Chace v. ShermanMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
- Morrill v. CrawfordMassachusetts Supreme Judicial Court · 1932
- McCluen v. Roane County Times, Inc.Court of Appeals of Tennessee · 1996
- Maclaskey v. MecartneyAppellate Court of Illinois · 1944
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