Gaudette v. Carter

This action of trespass on the case for slander was tried before a justice of the superior court sitting with a jury. After completion of testimony by both parties the trial justice granted the defendant’s motion for a directed verdict and as reason therefor stated that absent any evidence that the alleged defamatory statement had been heard by a third person there was no publication. The case is here on the plaintiff’s exception to the granting of the motion.

The record reveals that plaintiff and defendant were attending a public auction, the former as a prospective bidder and the latter as…