Washburn v. Cooke
New York Supreme Court
Action for libel, tried at the Otsego circuit, in September, 1844. The plaintiff proved that he usually went by the name of Nelson Washburn: that he lives in Butternuts; and was, and for several years past had been, a cattle drover: that the defendant resides at Oneonta, and is a student at law: and that Amos Winsor, the sheriff of the county, resides at Cooperstown.
Read the full summary
Action for libel, tried at the Otsego circuit, in September, 1844. The plaintiff proved that he usually went by the name of Nelson Washburn: that he lives in Butternuts; and was, and for several years past had been, a cattle drover: that the defendant resides at Oneonta, and is a student at law: and that Amos Winsor, the sheriff of the county, resides at Cooperstown. He further proved that some cattle, upon which the sheriff had made a levy, had been driven off in the summer of 1843. The plaintiff then gave in evidence a letter written by the defendant, and directed on the outside to “ Amos…
1Opinion of the Court
By the Court, Bronson, Ch. J.
If the letter was not a privileged communication.—if there was nothing in the occasion of writing it to distinguish this from the ordinary case of making a slanderous charge against another—the judge was clearly right in his instruction to the jury. In the common case of a libellous publication, or the use of slanderous words, the charge of malice in the declaration calls for no proof on the part of the plaintiff, beyond what may be inferred from the injurious nature of the accusation. The principle is a broad one. In all cases where a man intentionally does a…
2Cited by13 opinions
- Bacon v. Michigan Central RailroadMichigan Supreme Court · 1887
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- Ormsby v. . DouglassNew York Court of Appeals · 1868
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- Streety v. WoodNew York Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.