Legal Opinion

Buckley v. O'Niel

Massachusetts Supreme Judicial Court

Decided October 15, 1873PublishedCited by 7 opinions

Tort for slander. The declaration was as follows: “ And the plaintiff says the defendant publicly, falsely and maliciously accused the plaintiff of the crime of keeping and maintaining a common nuisance, to wit, a place and building resorted to for illegal gaming, by words spoken of the plaintiff substantially as follows, viz.: ' Buckley ’ (meaning the plaintiff) ‘ keeps a gambling hell.’ ' Dan Buckley ’ (meaning the plaintiff) ‘ makes his money easy, he ’ (meaning the…

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Tort for slander. The declaration was as follows: “ And the plaintiff says the defendant publicly, falsely and maliciously accused the plaintiff of the crime of keeping and maintaining a common nuisance, to wit, a place and building resorted to for illegal gaming, by words spoken of the plaintiff substantially as follows, viz.: ' Buckley ’ (meaning the plaintiff) ‘ keeps a gambling hell.’ ' Dan Buckley ’ (meaning the plaintiff) ‘ makes his money easy, he ’ (meaning the plaintiff) ' keeps a gambling place.’ ‘ My husband don’t visit Dan Buckley’s ’ (meaning the plaintiff’s) ' gambling den.’ ”…

1Opinion of the CourtAmes, J.

The word "gamble,” as defined by the lexicographers, means “ to game or play for money.” In common parlance, a gambler is one who follows or practises games of chance or skill, with the expectation and purpose of thereby winning money or other property. To say of a man that he keeps a gambling place, or a gambling den, imputes that he keeps a place at which gambling is practised, and includes the idea that the place is resorted to for that purpose. The charge against the plaintiff is, among other things, that “ he gets his money easy, he keeps a gambling, place,” — a form of expression which…

2Cited by7 opinions

  1. Brannon v. StateAlabama Court of Appeals · 1917
  2. Earley v. WinnWisconsin Supreme Court · 1906
  3. Starobin v. Northridge Lakes Development Co.Wisconsin Supreme Court · 1980
  4. Quigley v. McKeeOregon Supreme Court · 1885
  5. Clement v. BelangerAppellate Division of the Supreme Court of the State of New York · 1907

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