Rutherford v. Paddock
Massachusetts Supreme Judicial Court
Tort for slander. Writ dated June 14,1900. The declaration. alleged that the plaintiff was a married woman, and that the defendant “publicly, falsely and maliciously charged her with the crime of adultery by words spoken of the plaintiff substantially as follows: ‘ Take that, you (meaning the plaintiff) dirty whore. You (meaning the plaintiff) are a dirty old whore, and I can prove it.
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Tort for slander. Writ dated June 14,1900. The declaration. alleged that the plaintiff was a married woman, and that the defendant “publicly, falsely and maliciously charged her with the crime of adultery by words spoken of the plaintiff substantially as follows: ‘ Take that, you (meaning the plaintiff) dirty whore. You (meaning the plaintiff) are a dirty old whore, and I can prove it. You are, and I can prove it.’ ” The answer denied the allegations in the declaration, and pleaded justification as follows: “ If it shall be proved that the defendant spoke and published of the plaintiff the…
1Opinion of the CourtHolmes, C. J.
This is an action of tort brought by a married woman for calling her a dirty old whore. We repeat the qualifying adjectives as bearing on what we have" to say. At the trial the defendant asked for a ruling that a justification was made out by proof that before the words were spoken the plaintiff had committed adultery. The judge refused so to rule, but left it to the jury to decide in what sense the words were used *291and instructed them that the justification must be as broad as the charge. On this ground the judge further instructed them that proof that the plaintiff had committed adultery at…
2Cases cited4 opinions
- Haynes v. Clinton Printing Co.Massachusetts Supreme Judicial Court · 1897
- Sheehey v. CokleySupreme Court of Iowa · 1876
- Cleveland v. DetweilerSupreme Court of Iowa · 1865
- Peterson v. MurrayIndiana Court of Appeals · 1895
3Cited by10 opinions
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Lynch v. LyonsMassachusetts Supreme Judicial Court · 1939
- Conner v. Standard Publishing Co.Massachusetts Supreme Judicial Court · 1903
- Advertiser Co. v. JonesSupreme Court of Alabama · 1910
- Bodine v. Times-Journal Pub. Co.Supreme Court of Oklahoma · 1910
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