Chace v. Sherman
Massachusetts Supreme Judicial Court
Tort for slander. The counts relied on at the trial were the first and third. The first count was as follows : “And the plaintiff says that on the thirteenth day of November, 1873, he was the owner of a certain building, to wit, a saw-mill, at Swansey, in said county, and in use and occupation thereof; that said mill was insured, for the benefit of the plaintiff, against loss or damage by fire; that said mill or building was wholly destroyed by fire on or about the night of…
Read the full summary
Tort for slander. The counts relied on at the trial were the first and third. The first count was as follows : “And the plaintiff says that on the thirteenth day of November, 1873, he was the owner of a certain building, to wit, a saw-mill, at Swansey, in said county, and in use and occupation thereof; that said mill was insured, for the benefit of the plaintiff, against loss or damage by fire; that said mill or building was wholly destroyed by fire on or about the night of said thirteenth day of November; that afterwards the defendant publicly, falsely and maliciously accused the plaintiff…
1Opinion of the CourtDevens, J.
The instructions requested by the defendant were given, except that there was “no testimony upon which the jury would be authorized to find that the words contained in said declaration have been so proved, so far as to constitute slander,” which was refused.
The object of the mode of pleading prescribed by the Gen. Sts. c. 129, is to inform the defendant, not only of the nature of the charge alleged to have been made by him, but of the language in which it was uttered ; and it would not be competent to prove the same charge made by words substantially different from those set forth. Baldwin v.…
2Cases cited5 opinions
- Clark v. BrownMassachusetts Supreme Judicial Court · 1875
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
- York v. JohnsonMassachusetts Supreme Judicial Court · 1875
- Robbins v. FletcherMassachusetts Supreme Judicial Court · 1869
- Montague v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
- Friedman v. ConnorsMassachusetts Supreme Judicial Court · 1935
- Haub v. FriermuthCalifornia Court of Appeal · 1905
- Capron v. AnnessMassachusetts Supreme Judicial Court · 1884
- Ward v. MerriamMassachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.