Woodbury v. Thompson
Superior Court of New Hampshire
Case for slander. The first count alleged, that the defendant, in presence of divers good people of this state, did loudly and publicly utter the following false and scandalous words of and concerning the plaintiff, viz.
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Case for slander. The first count alleged, that the defendant, in presence of divers good people of this state, did loudly and publicly utter the following false and scandalous words of and concerning the plaintiff, viz. “ that she (rnean- “ ing the plaintiff,) was a damned whore.” - The second count alleged, that the defendant in a certain discourse, which he had with divers good people of this state, of and concerning the plaintiff, charged the plaintiff with having committed the crime of fornication ; by reason of which words “ the plaintiff hath fallen into disgrace, ceu- “ tempt, and…
1Opinion of the CourtRichardson, C. J.
There are no special damages, specifically laid, in either count in this case. The allegation, that the plaintiff has fallen into disgrace, contempt, and infamy, and has lost her credit, reputation, and peace of mind, cannot be considered as laying a special damage. 1 Saunders ¾43, note 5.
The question then is, whether words charging a woman with fornication are actionable of themselves in this stale ? It is very dear, that at common law, words, importing such a charge, are not of themselves actionable. 4 Coke 16, Davis *195vs. Gardiner.—1 Levintz 134, Bois vs. Bois.—3 Ld. Raymond 1004, Gascoigne…
2Cited by1 opinion
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