Doyle v. Kirby
Massachusetts Supreme Judicial Court
Tort for alleged oral slander. Writ dated November 15, 1902. The declaration as amended alleged that the plaintiff being of good reputation was nominated for the office of mayor of the city of New Bedford, and that the defendant did publicly and maliciously accuse the plaintiff of having sold his vote as a citizen at an election of the citizens of New Bedford, and thereby of having participated in the commission of the crime of bribery, by words spoken of and concerning the…
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Tort for alleged oral slander. Writ dated November 15, 1902. The declaration as amended alleged that the plaintiff being of good reputation was nominated for the office of mayor of the city of New Bedford, and that the defendant did publicly and maliciously accuse the plaintiff of having sold his vote as a citizen at an election of the citizens of New Bedford, and thereby of having participated in the commission of the crime of bribery, by words spoken of and concerning the plaintiff substantially as follows: “ That’s a great man ” (meaning the plaintiff) “ to nominate ” (meaning the…
1Opinion of the CourtKkowltok, C. J.
The defendant demurred to the declaration on different grounds, some of which it is unnecessary to consider.
The declaration contains no proper averment of special damages to the plaintiff. It does not allege that the words were *411spoken of him in any office or occupation. It does not state how they caused him any special damage. When special damage is stated as a cause of action in slander, it is necessary to set forth the particulars of the damage sufficiently to enable the defendant to know what is relied on, so that he may properly prepare his defence. Cook v. Cook, 100 Mass. 194. Morasse v.…
2Cases cited6 opinions
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
- Sillars v. CollierMassachusetts Supreme Judicial Court · 1890
- Cook v. CookMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. SilsbeeMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. DennisMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Norcross v. Board of Appeal of Building DepartmentMassachusetts Supreme Judicial Court · 1926
- School Committee of the City of Lowell v. Mayor of LowellMassachusetts Supreme Judicial Court · 1928
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1942
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
15 more not listed; retrieve them via the Exa API.