Legal Opinion

Gendron v. St. Pierre

Supreme Court of New Hampshire

Decided December 5, 1905PublishedCited by 7 opinions

Case, for slander. Trial by the court and verdict for tbe plaintiff for $50. Transferred from the January term, 1905, of the superior court by Chamberlin, J. Tbe original writ contained two counts. Tbe second count (see 72 N. II. 400) was struck out by amendment.

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Case, for slander. Trial by the court and verdict for tbe plaintiff for $50. Transferred from the January term, 1905, of the superior court by Chamberlin, J. Tbe original writ contained two counts. Tbe second count (see 72 N. II. 400) was struck out by amendment. The first count, as amended since the former transfer of the case, is in substance as follows: In a plea of tbe case, for that, wliereas the plaintiff is a good, true, and just citizen of said state, and from tbe time of his birth lias always behaved and governed himself as such, . . . and during all that time has never been guilty,…

1Opinion of the Court

Cha&b, J.

The plaintiff, by his declaration, places his right of action wholly on the ground that the alleged slanderous words, per se, imputed to him the commission of the crime of killing his wife by his criminal negligence in omitting to perform a duty to her which the law imposed upon him. No question is made that a husband who can supply his wife with the necessities of life, and neglects to do so while she is living with him and is incapable of caring for herself by reason of sickness or other cause, is guilty of the crime of murder or manslaughter, according to the nature and degree of…

2Cases cited3 opinions

  1. Territory of Montana v. MantonMontana Supreme Court · 1888
  2. Lewis v. StateSupreme Court of Georgia · 1884
  3. State v. SmithSupreme Judicial Court of Maine · 1876

3Cited by7 opinions

  1. Bennett v. LaroseSupreme Court of New Hampshire · 1926
  2. Tawney v. Simonson, Whitcomb & Hurley Co.Supreme Court of Minnesota · 1909
  3. Farnham v. AndersonSupreme Court of New Hampshire · 1907
  4. Aaron Harkaway v. Boston Herald Traveler CorporationCourt of Appeals for the First Circuit · 1969
  5. Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1926

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