Crane v. Darling
Supreme Court of Vermont
Slander. General issue. Trial by jury, at the December term, 1897, Caledonia county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The words were alleged to have been spoken of and concerning the plaintiff in his professional capacity as a physician and with the innuendoes stated in the opinion of the court.
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Slander. General issue. Trial by jury, at the December term, 1897, Caledonia county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The words were alleged to have been spoken of and concerning the plaintiff in his professional capacity as a physician and with the innuendoes stated in the opinion of the court. The words were, “The Currier boy died from the effects of iron which you injected into his nose; you killed the Currier boy by injecting iron into his nose; you killed that boy, (meaning said Harry Currier), he died from hemorrhage of the nose…
1Opinion of the CourtRowell, J.
Though not shown by the record, it is conceded in argument that the only question now made on the demurrer was not made below. This being so, the question cannot be raised thereunder here, for the reason given in State v. Preston, 48 Vt. 12. It is unnecessary, therefore, to consider whether the order to replead without prejudice to the demurrer is effective to reserve the benefit of it to the demurrant.
*297The declaration contains three counts, and alleges that before and at the time of speaking the words declared upon, the plaintiff was, and ever since has been, and still is, a physician, and…
2Cases cited4 opinions
- Nott v. StoddardSupreme Court of Vermont · 1865
- Knapp v. FullerSupreme Court of Vermont · 1883
- Smith v. MilesSupreme Court of Vermont · 1843
- State v. PrestonSupreme Court of Vermont · 1875
3Cited by9 opinions
- Knelman v. Middlebury CollegeDistrict Court, D. Vermont · 2012
- Gardella v. Log Cabin Products Co.Court of Appeals for the Second Circuit · 1937
- Kidder v. BaconSupreme Court of Vermont · 1902
- Raymond v. International Business MacHines Corp.District Court, D. Vermont · 1997
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
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