Marston v. Dingley
Supreme Judicial Court of Maine
On exceptions. This was an action on the case for slanderous words alleged to have been published in the Lewiston Journal, which words the plaintiff claimed had damaged the plaintiff. The words were descriptive of the filthy or unclean condition of the plaintiff’s person and the unclean condition of the habitation of the plaintiff at the time of the publication of the article in the paper complained of as slanderous.
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On exceptions. This was an action on the case for slanderous words alleged to have been published in the Lewiston Journal, which words the plaintiff claimed had damaged the plaintiff. The words were descriptive of the filthy or unclean condition of the plaintiff’s person and the unclean condition of the habitation of the plaintiff at the time of the publication of the article in the paper complained of as slanderous. The date of the publication was February 24, 1894. The defendants claimed in the defense that the words published were true, and faithfully and truthfully described the condition…
1Opinion of the CourtFoster, J.
Whether a witness called as an expert possesses the requisite qualifications to enable him to testify, is a preliminary question to be decided by the court. That decision must be final and conclusive unless it is made clearly to appear from the evidence that it was not justified, or that it was based upon some error in law. State v. Thompson, 80 Maine, 194; Chase v. Springvale Mills Co. 75 Maine, 156; Jones v. Roberts, 65 Maine, 276.
The exceptions in this case afford no ground for a decision that any such error was committed by the justice presiding at the trial.
*549This action was for alleged…
2Cases cited3 opinions
- Wood v. MatthewsSupreme Court of Missouri · 1881
- Hine v. PomeroySupreme Court of Vermont · 1867
- McMahon v. . HarrisonNew York Court of Appeals · 1852
3Cited by6 opinions
- State v. WarnerSupreme Judicial Court of Maine · 1967
- Hunter v. TotmanSupreme Judicial Court of Maine · 1951
- In Re Wagner's PetitionSupreme Judicial Court of Maine · 1959
- Post v. LangColorado Court of Appeals · 1915
- Post v. LangColorado Court of Appeals · 1915
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