Brettun v. Anthony
Massachusetts Supreme Judicial Court
Tort for slander. The third count of the declaration alleged that the plaintiff was the owner of a certain building in Raynham, and occupied it, for the purposes of his trade, with goods, wares, merchandise and other chattels, his property, and for a store; that said building, and also said goods, wares, merchandise and other chattels therein, were insured against loss or damage by fire, and were destroyed by fire during the time they were insured ; that “ after said…
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Tort for slander. The third count of the declaration alleged that the plaintiff was the owner of a certain building in Raynham, and occupied it, for the purposes of his trade, with goods, wares, merchandise and other chattels, his property, and for a store; that said building, and also said goods, wares, merchandise and other chattels therein, were insured against loss or damage by fire, and were destroyed by fire during the time they were insured ; that “ after said destruction by fire, the defendant, speaking with reference thereto, well knowing that said building, and also said .goods,…
1Opinion of the CourtColt, J.
The sufficiency of two counts in the plaintiff’s declaration is submitted upon this demurrer. The words actually used, as set forth in these counts, do not alone impute a crime which would render the plaintiff liable to punishment. They are consistent with a burning caused without criminal intent, by carelessness or accident; and additional facts are therefore alleged in each count, from which, it is claimed, the criminal quality of the act appears with certainty. This is to be settled by the familiar rules which govern the pleadings in actions of slander.
"Words in themselves harmless, or of…
2Cases cited1 opinion
- Chenery v. GoodrichMassachusetts Supreme Judicial Court · 1867
3Cited by16 opinions
- Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
- McCallum v. LambieMassachusetts Supreme Judicial Court · 1887
- Alabama Great Southern Ry. Co. v. CardwellSupreme Court of Alabama · 1911
- Colby Haberdashers, Inc. v. Bradstreet Co.Massachusetts Supreme Judicial Court · 1929
- Morrill v. CrawfordMassachusetts Supreme Judicial Court · 1932
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