Legal Opinion

Wilcox v. Moon

Supreme Court of Vermont

Decided February 15, 1889PublishedCited by 2 opinions

This was an action for libel. Plea, the general issue. Trial by jury at the February Term, 1889, Taft, J., presiding. Verdict for the plaintiff for one cent actual damages, and $333-exemplary damages. The testimony of the plaintiff tended to-show that the alleged' libel was contained in a letter, written by the defendant, and! sent through the postoffice in Bennington to the plaintiff’s wife.

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This was an action for libel. Plea, the general issue. Trial by jury at the February Term, 1889, Taft, J., presiding. Verdict for the plaintiff for one cent actual damages, and $333-exemplary damages. The testimony of the plaintiff tended to-show that the alleged' libel was contained in a letter, written by the defendant, and! sent through the postoffice in Bennington to the plaintiff’s wife. The plaintiff took the letter from the office himself, it being-sealed, carried it home to his wife, who opened it, and'they then read it together. The plaintiff afterwards showed it*to several persons…

1Opinion of the Court

The opinion of the court was delivered by

Boss, J.

1. The defendant’s motion, at the close of the testimony, that the court order a verdict in his favor, and liis--motion in arrest of judgment, raise the same question ; the sufficiency of the declaration to sustain a judgment on the verdict for the plaintiff. As contended for the defendant, the alleged, libellous language is to be read in connection with the facts-stated in the antecedent averments, and the colloquium, applying the language, used to these facts. If the language used,, when so applied, does reasonably carry the meaning charged…

2Cited by2 opinions

  1. Wilcox v. MoonSupreme Court of Vermont · 1892
  2. Wilcox v. MoonSupreme Court of Vermont · 1891

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