Forbes v. Myers

Myers brought an action of slander against Forbes, alleging in the declaration that the defendant had charged him with having committed robbery and theft. Pleas, not guilty and the statute of limitations. On the trial, the Court instructed the jury that “if the defendant repeated the charges at various times, it would be a circumstance the jury might take into consideration as proof of malice and aggravation of damages.” Verdict and judgment for the plaintiff

We think this instruction is wrong. If the defendant, after making the charges alleged in the declaration, repeated them, he was liable…