Legal Opinion

Riddell v. Thayer

Massachusetts Supreme Judicial Court

Decided October 23, 1879PublishedCited by 15 opinions

Tort for slander, in accusing the plaintiff, a married woman, of the crime of adultery, “ by words spoken of the plaintiff substantially as follows: ‘She’ (meaning the plaintiff) ‘is a bad woman; she is a damned bitch; she is a God-damned whore ’; ‘ Riddell’s wife ’ (meaning the plaintiff) ‘ is a whore.’ ” Answer, a general denial.

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Tort for slander, in accusing the plaintiff, a married woman, of the crime of adultery, “ by words spoken of the plaintiff substantially as follows: ‘She’ (meaning the plaintiff) ‘is a bad woman; she is a damned bitch; she is a God-damned whore ’; ‘ Riddell’s wife ’ (meaning the plaintiff) ‘ is a whore.’ ” Answer, a general denial. At the trial in the Superior Court, before Pitman, J., the plaintiff introduced evidence tending to prove that the slanderous words alleged in the declaration were spoken by the defendant of the plaintiff on April 14, 1877, in the defendant’s house'. The plaintiff…

1Opinion of the CourtLord, J.

Two questions only are presented by this bill of exceptions for our consideration: 1. Was the testimony of Alvord at the time, and under the circumstances in which it was admitted, competent ? 2. Was the instruction of the court in relation to the phrase “ bad woman ” correct ?

None of the many nice and difficult questions which frequently arise in trials for slander, as to whether the words offered to show malice are merely substantial repetitions of the slanderous words relied on, and whether they import different offences which are different causes of action, arise in this case.

In relation…

2Cited by15 opinions

  1. Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
  2. Oates v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
  3. Robertson v. EdelsteinWisconsin Supreme Court · 1899
  4. Lovejoy v. WhitcombMassachusetts Supreme Judicial Court · 1899
  5. Morrill v. CrawfordMassachusetts Supreme Judicial Court · 1932

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