Dennehy v. O'Connell
Supreme Court of Connecticut
Actions in the nature of libel, brought to the Superior Court in New Haven County and tried together to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs, Dennehy to recover $800 and Roche $700 damages, and appeal by the defendant for alleged errors in the rulings of the court. These actions were for libel based on the same publication. The complaints and the other pleadings are exactly alike, except the names.
Read the full summary
Actions in the nature of libel, brought to the Superior Court in New Haven County and tried together to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs, Dennehy to recover $800 and Roche $700 damages, and appeal by the defendant for alleged errors in the rulings of the court. These actions were for libel based on the same publication. The complaints and the other pleadings are exactly alike, except the names. In the first case the complaint alleges that: — “ 1. The plaintiff is and for more than three years last past has been a policeman under the police…
1Opinion of the CourtAndrews, C. J.
The demurrer to the complaint was properly overruled. The article published by the defendant might have been privileged, if made without malice. As it is charged to have been made with malice, and “ with the deliberate purpose and intention of injuring the plaintiff and causing bis dismissal from the police department,” it is clearly actionable. A publication which would be privileged if made without malice may become libelous if maliciously made. The general rule in respect to privileged communications is that the plaintiff is required to bring home to the defendant the existence of malice…
2Cases cited1 opinion
- Charles W. Blakeslee & Sons v. CarrollSupreme Court of Connecticut · 1894
3Cited by11 opinions
- Moriarty v. LippeSupreme Court of Connecticut · 1972
- Grievance Committee v. DaceySupreme Court of Connecticut · 1966
- Hassett v. CarrollSupreme Court of Connecticut · 1911
- McKee v. HughesTennessee Supreme Court · 1915
- Fulton v. IngallsAppellate Division of the Supreme Court of the State of New York · 1914
6 more not listed; retrieve them via the Exa API.