Legal Opinion

Davis v. Starrett

Supreme Judicial Court of Maine

Decided June 30, 1903PublishedCited by 19 opinions

Exceptions and motion by defendant. Motion sustained. Exceptions overruled. Action on the case for slander uttered by defendant concerning plaintiff. The declaration contained two counts; the first in the common form, in which it was alleged that the plaintiff said of the defendant, “Orren Davis is the greatest rumseller in Warren, Maine.”

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Exceptions and motion by defendant. Motion sustained. Exceptions overruled. Action on the case for slander uttered by defendant concerning plaintiff. The declaration contained two counts; the first in the common form, in which it was alleged that the plaintiff said of the defendant, “Orren Davis is the greatest rumseller in Warren, Maine.” The second count alleged a boycott of plaintiff’s store as the result of the slanderous reports concerning him circulated by the plaintiff and was as follows: — “Also for that the said plaintiff is a good, true, and honest citizen of this State and from his…

1Opinion of the CourtSavage, J.

Action for slander in which the plaintiff recovered a verdict for $1500. In one count of the writ it is alleged that the plaintiff said of the defendant, “Orren Davis is the greatest rumseller *572in Warren, Maine,” and in another that he said, “Orren Davis is a rumseller.” Special damages are averred.

EXCEPTIONS.

1. The plaintiff offered the testimony of one Joseph Hahn to prove that the defendant said that the plaintiff ivas the “worst” or the “greatest” rumseller in Warren. Hahn also testified that the' statement was made to himself, and that no one else was present. The defendant claimed and…

2Cases cited3 opinions

  1. Gilson v. Delaware & Hudson Canal Co.Supreme Court of Vermont · 1892
  2. Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
  3. Hastings v. StetsonMassachusetts Supreme Judicial Court · 1879

3Cited by19 opinions

  1. Paxton v. WoodwardMontana Supreme Court · 1904
  2. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  3. Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
  4. Robinson v. Home Fire & Marine InsuranceSupreme Court of Iowa · 1953
  5. Maytag v. CumminsCourt of Appeals for the Eighth Circuit · 1919

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