Lothrop v. Adams
Massachusetts Supreme Judicial Court
Tort, in seven counts, against the proprietors of a newspaper, called the Springfield Republican, for publishing in said paper, at different times, false and malicious libels of and concerning the plaintiff, a minister, in respect to his treatment of his family. Writ dated October 16, 1876. The fifth count alleged that, on September 12, 1876, the defendants published in their said paper a false ánd malicious libel, as follows: “ Amherst. Trial of Rev. C. D. Lothrop.
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Tort, in seven counts, against the proprietors of a newspaper, called the Springfield Republican, for publishing in said paper, at different times, false and malicious libels of and concerning the plaintiff, a minister, in respect to his treatment of his family. Writ dated October 16, 1876. The fifth count alleged that, on September 12, 1876, the defendants published in their said paper a false ánd malicious libel, as follows: “ Amherst. Trial of Rev. C. D. Lothrop. Special despatch to the Republican. The trial of Rev. Mr. Lothrop for cruelty to his family was begun before the First Church in…
1Opinion of the CourtField, J.
1. The question “whether or not there were reports of the brutal treatment of his children by the plaintiff prior to the first publication of such reports,” which was ruled out by the court, was not put for the purpose of introducing evidence affecting the damages. It is contended, that, as one of the issues in the cause was whether the defendants published the truth with malicious intention, the fact of the existence of such reports would be pertinent on the issue of malicious intention, because malice might be inferred if the reports published were invented by the defendants, and might not,…
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