Terwilliger v. . Wands
New York Court of Appeals
Appeal from the Supreme Court. The action was for slander, in charging that the plaintiff had been guilty of lewd and unchaste conduct, alleging special damage.
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Appeal from the Supreme Court. The action was for slander, in charging that the plaintiff had been guilty of lewd and unchaste conduct, alleging special damage. At the trial before Justice Pratt and a jury, at a Circuit Court in Onondaga county, in October, 1854, the plaintiff proved by La Fayette Wands that in June, 1852, the defendant asked the witness what the plaintiff was running to Mrs. Fuller’s so much for: that he knew he went there for no good' purpose,. and Mrs. Fuller was a bad woman; that the plaintiff had a regular beaten path across his land to Fuller’s; and the defendant said…
1Opinion of the CourtStrong, J.
The words spoken by the defendant not being actionable of themselves, it was necessary in order to maintain the action to prove that they occasioned special damages to the plaintiff. The special damages must have been the natural, immediate and legal consequence of the words. (Stark. on Sland., by Wend., 2d ed., 203; 2 id., 62, 64; Beach v. Ranney, 2 Hill, 309; Crain v. Petrie, 6 id., 523; Kendall v. Stone, 1 Seld., 14.) Where words are spoken to one person and he repeats them to another, in consequence of which the. party of whom they are spoken sustains damages, the repetition is, as a…
2Cases cited7 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Keenholts v. BeckerNew York Supreme Court · 1846
- Hastings v. PalmerNew York Supreme Court · 1838
- Olmsted v. BrownNew York Supreme Court · 1852
- Bradt v. TowsleyNew York Supreme Court · 1835
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3Cited by76 opinions
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- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
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