Reeves v. . Winn
Supreme Court of North Carolina
• This was a civil action to recover damages for slanderous words spoken by the defendant of the plaintiff, tried before Shepherd, Judge, at January Term, 1887, of Wayne. Superior Court. The slanderous words complained of are fully charged in second, third, and fourth allegations of the complaint.
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• This was a civil action to recover damages for slanderous words spoken by the defendant of the plaintiff, tried before Shepherd, Judge, at January Term, 1887, of Wayne. Superior Court. The slanderous words complained of are fully charged in second, third, and fourth allegations of the complaint. The-answer of the defendant admits that the words charged were spoken by him, but denies that they were false and malicious, or slanderous, and sets out in detail and at considerable length, alleged facts and circumstances in justification of their use. Issues were submitted to a'jury, and in…
1Opinion of the Court
Davis, J.,
(after stating the facts). We think there was error in admitting testimony as to the pecuniary condition of the plaintiff for the purpose of showing vindictive damages.
In a certain class of cases, slander among them, when the •offence is marked by malice, oppression, or gross and wilfuL wrong, the jury may give damages, not simply to compensate the party injured, but vindictive damages to punish the wrong doer, and to that end, it may be competent to show the pecuniary condition of the defendant, as was held in Adcock v. Marsh, 8 Iredell, 360. If the purpose is to punish the…
2Cases cited1 opinion
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3Cited by13 opinions
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- Sillars v. CollierMassachusetts Supreme Judicial Court · 1890
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- Roth v. . News Co.Supreme Court of North Carolina · 1940
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