Gassett v. Gilbert
Massachusetts Supreme Judicial Court
Action of tort by a former agent of the Female Medical Education Society against the directors of that society for an alleged libel published in 1852, at the end of their third annual report, as follows: “ Caution to the Public.
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Action of tort by a former agent of the Female Medical Education Society against the directors of that society for an alleged libel published in 1852, at the end of their third annual report, as follows: “ Caution to the Public. “ The directors regret to be again obliged to caution the public against a Mrs. Helen Maria Gassett, alias Helen Maria Bice, who, under the former name, was recommended to the society, and was for a time employed as an agent, but was found unworthy of confidence, and dismissed. Still continuing to collect, she was, in May last, advertised, but has since been heard of…
1Opinion of the CourtBigelow, J.
There can be no doubt that the publication of the notice or “caution to the public,” set out in the declaration, had a direct tendency to hold the plaintiff up to public reproach *97and disgrace; and was therefore actionable, unless it falls within the class of communications or statements usually termed privileged, that is, authorized by law, notwithstanding they may injuriously affect private character. The law regards the publication of all defamatory matter, which is false in fact, as malicious, and affords to the party injured, a remedy in damages therefor. This is the general rule. But…
2Cited by6 opinions
- Richardson v. GunbySupreme Court of Kansas · 1912
- Ely v. MasonSupreme Court of Connecticut · 1921
- Riley v. . StoneSupreme Court of North Carolina · 1917
- Shepherd v. BaerCourt of Appeals of Maryland · 1902
- Echard v. MortonSuperior Court of Pennsylvania · 1904
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