Billings v. Wing
Supreme Court of Vermont
This was an action of slander. The declaration was in three counts. The first count was on these words: “ It is a pity Montpelier should be represented by a man who snaked his mother out of doors by the hair of her head. It is a fact, and was seen by two men.” The second count was on the same words, with this addition: “ It was the day before she died.” Third count, the same. General demurrer.
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This was an action of slander. The declaration was in three counts. The first count was on these words: “ It is a pity Montpelier should be represented by a man who snaked his mother out of doors by the hair of her head. It is a fact, and was seen by two men.” The second count was on the same words, with this addition: “ It was the day before she died.” Third count, the same. General demurrer. In the county court judgment was rendered that the declaration was insufficient; from which the plaintiff appealed. — This is an action of slander, and comes before this court on general demurrer to the…
1Opinion of the Court
*444The opinion of the court was delivered by
Collamer, J.
The words in this" declaration are not attended with any colloquium or innuendo, to give them any criminal character further than the words necessarily imply, and no special damage is alleged.
It is not to be disguised that there is much contradictory decision on the point of what words are in themselves actionable. In many modern cases this circumstance has been much commented upon by the courts. Nor does it appear wholly redeemed from uncertainty by the most recent cases, though courts seem to have labored at certainty in their decisions.…
2Cases cited1 opinion
- Brooker v. CoffinNew York Supreme Court · 1809
3Cited by5 opinions
- Earley v. WinnWisconsin Supreme Court · 1906
- Starobin v. Northridge Lakes Development Co.Wisconsin Supreme Court · 1980
- Redway v. GraySupreme Court of Vermont · 1858
- Sipp v. ColemanU.S. Circuit Court for the District of New Jersey · 1910
- Young v. MillerNew York Supreme Court · 1842