Maytag v. Cummins
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action at law by E. I. Cummins against E. E. Maytag. Judgment for plaintiff, and defendant brings error..
1Concurrence
STONE, Circuit Judge.
I concur in the result because I agree that the evidence of repetition in this case was such that under the present circumstances its effect could not be removed from the jury even by the clear, forcible charge of the court, and this left in their minds the effect of the evidence with no aid in properly considering it from the court through the charge, or counsel through argument.
I dissent from the rule that one who originates a slander cannot be held for damages arising from repetitions which are the natural and probable consequences of the original utterance. The…
2Cases cited27 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Fowles v. . BowenNew York Court of Appeals · 1864
- Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
- Fry v. . BennettNew York Court of Appeals · 1863
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