Thomas v. Blasdale
Massachusetts Supreme Judicial Court
Two ACTION'S OF tort for slander. The declaration in the first case was as follows: “ And the plaintiff says the defendant publicly, falsely, and maliciously accused the plaintiff of the crime of murder, by words spoken of the plaintiff substantially as follows, to wit: ‘ He (meaning the plaintiff) killed her (meaning the plaintiff’s wife, Mary J. Thomas) by his bad conduct (meaning the bad conduct of the plaintiff), and I (meaning the defendant) think he knows more about…
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Two ACTION'S OF tort for slander. The declaration in the first case was as follows: “ And the plaintiff says the defendant publicly, falsely, and maliciously accused the plaintiff of the crime of murder, by words spoken of the plaintiff substantially as follows, to wit: ‘ He (meaning the plaintiff) killed her (meaning the plaintiff’s wife, Mary J. Thomas) by his bad conduct (meaning the bad conduct of the plaintiff), and I (meaning the defendant) think he knows more about her being drowned than anybody else. He (meaning the plaintiff) is to blame for it.’ ” The declaration in the second case…
1Opinion of the CourtC. Alleh, J.
The declarations in these eases set forth no extrinsic circumstances which might give significance to the wofds alleged to have been spoken by the respective defendants, and we have only to consider whether the words themselves, taken in their natural sense, and without a forced or strained construction, may fairly import a charge of criminal homicide. Young v. Cook, 144 Mass. 38. Boynton v. Shaw Stocking Co. 146 Mass. 219, 221. Twombly v. Munroe, 136 Mass. 464.
In the first case, the words are, “ He killed her by his bad conduct, and I think he knows more about her being drowned than anybody…
2Cases cited3 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Boynton v. Shaw Stocking Co.Massachusetts Supreme Judicial Court · 1888
- Young v. CookMassachusetts Supreme Judicial Court · 1887
3Cited by10 opinions
- Myers v. Boston Magazine Co., Inc.Massachusetts Supreme Judicial Court · 1980
- Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
- Morrill v. CrawfordMassachusetts Supreme Judicial Court · 1932
- Pokrok Zapadu Publishing Co. v. ZizkovskyNebraska Supreme Court · 1894
- Commonwealth v. HurleyMassachusetts Supreme Judicial Court · 1942
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