Flanagan v. McLane
Supreme Court of Connecticut
Action for libel, brought to the City Court of New Haven and tried to the jury before Hoyt, J.; verdict and judgment for the 'defendant, and appeal by the plaintiff. No error. The complaint contains three separate counts in libel and one in slander. The plaintiff and his helper worked in and about the house of the defendant’s husband for some weeks. During this time a sum of money was missed which afterward reappeared.
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Action for libel, brought to the City Court of New Haven and tried to the jury before Hoyt, J.; verdict and judgment for the 'defendant, and appeal by the plaintiff. No error. The complaint contains three separate counts in libel and one in slander. The plaintiff and his helper worked in and about the house of the defendant’s husband for some weeks. During this time a sum of money was missed which afterward reappeared. While the money was missing, the defendant wrote the letter set forth in the first count to one Sturtze, a constable of the town of Hamden, informing him of the loss and of her…
1Opinion of the CourtBeach, J.
The law implies malice from a libelous publication, except in certain cases of privilege, one of 'which is when “the author and’publisher of the alleged slander acted in the bona fide discharge of a public or private duty, ... or in the prosecution of his own rights or interests. ... A privileged communication means nothing more than that the occasion of making it rebuts the prima facie inference of malice arising from the publication of matter prejudicial to the character of the plaintiff, and throws upon him the onus of proving malice in fact; but not of proving it by extrinsic evidence…
2Cases cited4 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Atwater v. Morning News Co.Supreme Court of Connecticut · 1896
- Hassett v. CarrollSupreme Court of Connecticut · 1911
- Donaghue v. GaffySupreme Court of Connecticut · 1886
3Cited by23 opinions
- Fridovich v. FridovichSupreme Court of Florida · 1992
- Moriarty v. LippeSupreme Court of Connecticut · 1972
- Pecue v. . WestNew York Court of Appeals · 1922
- Miles v. PerryConnecticut Appellate Court · 1987
- Charles Parker Co. v. Silver City Crystal Co.Supreme Court of Connecticut · 1955
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