Jellison v. Goodwin
Supreme Judicial Court of Maine
Exceptions were taken by the defendant to the rulings and instructions of Rice, J., presiding at Nisi Prius. This is an action on the case, for slanderous words alleged to have been uttered by the defendant of and concerning the female plaintiff. The defendant admitted the utterance and publication of the words alleged, which imputed a charge of adultery, but introduced evidence for the purpose of satisfying the jury that the words were not uttered maliciously.
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Exceptions were taken by the defendant to the rulings and instructions of Rice, J., presiding at Nisi Prius. This is an action on the case, for slanderous words alleged to have been uttered by the defendant of and concerning the female plaintiff. The defendant admitted the utterance and publication of the words alleged, which imputed a charge of adultery, but introduced evidence for the purpose of satisfying the jury that the words were not uttered maliciously. The counsel for the defendant requested the presiding judge to instruct the jury that the law did not recognize fixed and limited…
1Opinion of the CourtDavis, J.
In this case the defendant admitted the speaking and publication of the words, charging the plaintiff with the crime of adultery; but he justified on the ground that the words were not uttered maliciously. And he requested the presiding judge to instruct the jury “ that the law does not recognize fixed and limited numbers and classes of privileged communications; but that the jury are authorized to decide, from all the circumstances of the speaking and publication, whether the words were maliciously spoken, notwithstanding they may-be actionable in themselves.” This instruction was not given.
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2Cited by7 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Dunbar v. GreenlawSupreme Judicial Court of Maine · 1956
- Thompson v. PowningNevada Supreme Court · 1880
- In re MaplesDistrict Court, D. Montana · 1901
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