Darling v. Clement
Supreme Court of Vermont
Slander. Heard on demurrer to the declaration at the June Term, 1896, Orange County, Munson, J., presiding. The first and second counts were adjudged insufficient, and the plaintiff excepted. The third count was adjudged sufficient and the demurrer was overruled as being to the whole declaration. The defendant excepted. The demurrer was general to all the counts by enumeration and special to the second and third. The declaration is sufficiently stated in the opinion.
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Slander. Heard on demurrer to the declaration at the June Term, 1896, Orange County, Munson, J., presiding. The first and second counts were adjudged insufficient, and the plaintiff excepted. The third count was adjudged sufficient and the demurrer was overruled as being to the whole declaration. The defendant excepted. The demurrer was general to all the counts by enumeration and special to the second and third. The declaration is sufficiently stated in the opinion. The words alleged in the several counts are actionable per se, and special damage need not be alleged. Odgers, Libel and…
1Opinion of the Court
Rowell J.
The words declared upon in the first count are, “I will sue him (innuendotheplaintiff)for stealing lumber from my land. One day Gene Darling wanted some wood, so he ordered Mel. Dickinson to get some. Mel. asked Darling where he should get it. Darling said, ‘Down by Clement’s near the swamp.’ Then Mel. said, ‘If you want to get wood from Clement’s place, you better get some one *296else to get it.’ Then Darling said, ‘That is all right, we often get wood from there.’ ” Innuendo, meaning and insinuating thereby, and by the hearers understood to mean and insinuate, that the plaintiff had…
2Cases cited3 opinions
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Phillips v. BarberNew York Supreme Court · 1831
- Hoyt v. SmithSupreme Court of Vermont · 1859
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- Granger v. New Jersey InsuranceCalifornia Court of Appeal · 1930
- State v. PeetSupreme Court of Vermont · 1908
- State v. SmithSupreme Court of Rhode Island · 1936
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