Wakefield v. . Smithwick
Supreme Court of North Carolina
ActxoN on tbe Case for a libel and for slanderous words spoken, tried before Manly, Judge, at the Spring Term, 1857, of Martin Superior Court. ' Pleas, “ general issue” and “ privileged communication.” Miss Bridgman was the proprietor of two schools, one at Plymouth and the other at "Williamston.
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ActxoN on tbe Case for a libel and for slanderous words spoken, tried before Manly, Judge, at the Spring Term, 1857, of Martin Superior Court. ' Pleas, “ general issue” and “ privileged communication.” Miss Bridgman was the proprietor of two schools, one at Plymouth and the other at "Williamston. She had employed the plaintiff to teach at the latter place, apd while she was attending to her school at Plymouth, she left the plaintiff to board in the family of the defendant, and under his care and protection. "While the plaintiff was thus boarding at his house, the defendant wrote to Miss…
1Opinion of the CourtPearson, J.
When a defendant in an action for a libel pleads justification, he takes upon himself the burden of proving that the libellous matter is true in point of fact. The defense, under the doctrine of privileged communication, is much broader, and much more favorable to the defendant; for if he succeeds in proving such a relation between himself and the person to whom the communication is made, as au-thorises him to make it, the burden is upon the plaintiff to prove that it was not made bona fide in consequence of such relation, but out of malice, and that the existence of such relation was used as…
2Cited by3 opinions
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- Brown v. Elm City Lumber Co.Supreme Court of North Carolina · 1914
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