Legal Opinion

Fields v. . Bynum

Supreme Court of North Carolina

Decided October 25, 1911PublishedCited by 33 opinions

Appeal from O. II. Allen, J., at February Term, 1911, of Chatham. Civil action for slander. These issues were submitted to the jury: . . . . . ■ . . . 1. Did tbe defendant speak to the plaintiff, in the presence and bearing of "Willie J. Bright and others, the words set out in paragraph 3 of the complaint, or words of the same substance? Answer: Yes. 2. Did the defendant speak to the plaintiff, in the presence and hearing of "Willie J. Bright and others, the words set out in…

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Appeal from O. II. Allen, J., at February Term, 1911, of Chatham. Civil action for slander. These issues were submitted to the jury: . . . . . ■ . . . 1. Did tbe defendant speak to the plaintiff, in the presence and bearing of "Willie J. Bright and others, the words set out in paragraph 3 of the complaint, or words of the same substance? Answer: Yes. 2. Did the defendant speak to the plaintiff, in the presence and hearing of "Willie J. Bright and others, the words set out in paragraph 4 of the complaint, or words of the same substance and meaning? Answer: Yes. 3. Wbat damage, if any, is…

1Opinion of the CourtBRowN, J.

1. Tbe defendant excepted to tbe issues and tendered two others. Those submitted have been practically approved by this Court in several cases. McCurry v. McCurry, 82 N. C., 296; Wozelka v. Heltrick, 93 N. C., 10; Rice v. McAdams, 149 N. C., 29.. Under tbe issues submitted tbe defendant bad opportunity to present evidence of any defense set up in bis answer. Deaver v. Deaver, 137 N. C., 246.

2. Tbe defendant contends that tbe occasion when tbe words were uttered was a privileged one exempting him from civil liability for their utterance. Defendant tendered certain prayers for instruction…

2Cases cited6 opinions

  1. Billings v. FairbanksMassachusetts Supreme Judicial Court · 1885
  2. McCurry v. . McCurrySupreme Court of North Carolina · 1880
  3. Rice v. . McAdamsSupreme Court of North Carolina · 1908
  4. Adcock v. . MarshSupreme Court of North Carolina · 1848
  5. Brow v. HathawayMassachusetts Supreme Judicial Court · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
  2. Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
  3. Baker v. WinslowSupreme Court of North Carolina · 1922
  4. Baker v. . WinslowSupreme Court of North Carolina · 1922
  5. Rosenberg v. MasonSupreme Court of Virginia · 1931

28 more not listed; retrieve them via the Exa API.

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