CASE OF ALLEGED SLANDER

Dominion, Volume 14, Issue 75, 22 December 1920, Page 3

CASE OF ALLEGED SLANDER

JUDGMENT FOB j lleserved judgment was delivered yesterday _ afternoon by Mr. W. 0. Riddcll, 5.. U., ill the case oi .Tolin Fetor Thomson (Mr. W. J. M'Eldowney) against Howard llenrv Newton (Mr. H. F. O'Leary), an action for allesed slander.. The plaintilf claimed -E2OOO damages in respect to the following words alleged to have been 1 used by the defendant to a motorman I employed .by the tramway department. I "I am after a man by the name of | Thomson, who works on the night shift, at Kilbirnic sheds, for molesting women." Tho Magistrate said that the sta'ifement mado was slanderous, but it was not. a i statement which was actionable in law without proof of some' special damage having resulted from the slander. It was contended by the plaintiff that the slanderous statement was an accusation that n criminal offence had been committed. His Worship held that* the words did not. suggest tho commission of a criminal offence, and Mich was necessary for the plaintiff to succeeed without proving special damages. Mr. Riddell went: on to say that tho words "moles'.ing women" were very general, and to him they did not imply any criminal offence. Tho words meant in tho - ordinary sense the following or persist- ] ent annoynnce of women, but that was j not an offence on which the plaintiff j could bs charged and imprisoned. The J Magistrate sijid that Thomson's character was absolutely clear, and i:l was quite certain that ho was not tho man that, the defendant expected he was. All the same, time the defendant acted honestly throughout. As the plaintiff had not proved special damages, he could pot succeed. Judgment was given in favour of defendant, but without costs.