Cook v. Cook
Massachusetts Supreme Judicial Court
Tort for slander. The declaration alleged that “ the defendant publicly, falsely and maliciously testified in the superior court for the county of Norfolk as a witness for one Fenner Cook, in an action therein pending in which said Betsey Cook was plaintiff" and said Fenner Cook was defendant, of and concerning the plaintiff", substantially as follows, viz: Her (meaning the plaintiff) character for truth and veracity is bad.
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Tort for slander. The declaration alleged that “ the defendant publicly, falsely and maliciously testified in the superior court for the county of Norfolk as a witness for one Fenner Cook, in an action therein pending in which said Betsey Cook was plaintiff" and said Fenner Cook was defendant, of and concerning the plaintiff", substantially as follows, viz: Her (meaning the plaintiff) character for truth and veracity is bad. Her (meaning the plaintiff) moral character is bad. Her (meaning the plaintiff) character is bad. Her (meaning the plaintiff) character is not good. And by reason of said…
1Opinion of the CourtWells, J.
This action can be maintained only upon the ground of special damages suffered by the plaintiff by reason of the words set out as constituting the slander. To sustain the action on this ground, it is necessary that the declaration should set forth precisely in what way such special damages resulted from the words relied on. It is not sufficient to allege generally that the plaintiff has suffered special damages; 01 ■ that he has been put to great costs and expenses thereby; or that he has had to pay one hundred dollars in costs to the othei party in the suit in reference to which the words…
2Cited by17 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
- Fite v. Oklahoma Publishing Co.Supreme Court of Oklahoma · 1930
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