DAMAGES CLAIM

Hokitika Guardian, 14 February 1930, Page 3

DAMAGES CLAIM

Jj Telegraph--Per Press As.sociat.on

INVKRCRC iIJi, Feb. 13

Damage;.- to the amount of .CIUO were .claimed l.y Herbert. Campbell, ol Waikawa, farmer, in the .Magistrate’s Conn to-day. IMaintifi claimed that on April 2(31h. j!)29. defendant, falsely aiul maliciously wrote and published in a letter to David McDoiigall, M.D. these words: —“I also object to tins Campbell as a neighbour as il is not long since be came out oi an asylum, and is a dangerous Jellow when annoyed.” Defendant.,' it. was claimed, meant thereby I ball plaintifl was a man ol unsound mind on occasions, who committed aels of violence towards his neighbours, and was a menace to .the community. I?y reason of this .statement plaintiff’s reputation .had been injured. MF Hall .tones, for plaint ill', stated Die fa<i.s of the ease, and said that Campbell was a well respected man ami a returned soldier, who had suffer'd wounds, and bad had the misfortune lo snond some time in a mental hospital The grounds for his action arose wlieii he was applying lor a section of land, lie had then been free of menial trouble for several

years, and the statement, it was claimed. was made wi.ih a .slanderous intent to nreuidirc Ids chair os. .'

■ The defence raised a plea oi qualified privilege. In giving his decision the Mag strate said the statements were undoubtedly libellous per sc. The suggestion that the plaintiff was a dangerous fellow was a very unhappy and serious, one to make. IT had been proved conclusively that plaintiff was a law-abiding citizen who was held in the highest respect by all who knew him. Even had he found that qualified privilege existed, it would have been overridden by the malice evidenced by defendant.

The Magistrate fixed the damages at. Cffb, with costs against defendant.