AN INTERESTING JUDGMENT.

Manawatu Herald, Volume XXXVII, Issue 1421, 8 July 1915, Page 2

AN INTERESTING JUDGMENT.

Judgment In a case of interest to school teachers, committeemen

and parents, was given by Mr J, W. Ponyton, at Feilding this week. The case was Caroline Anderson (school teacher) v. W. G. Tolley and wife, a claim for £25 damages for slander. In November last, one of their children was taken by them from the school in which the plaintiff was assistant teacher, and sent to another school. The committee asked for an explanation. The child’s mother made certain statements to two of the committee alleging ill treatment of the child by the plaintiff as the reason for taking her from the school. Plaintiff sued husband and wife lor £25 damages for slander in respect of such statements. The Magistrate, in the course of his judgment, said : —I am of opinion that a statement made to a school committee bona fide is privileged. These committees are intimately 1 dated to the social life of the people in a most important matter —-the education of tire country’s children. It would be an extraordinary thing if a parent could not make a complaint when such parent believed her child was being haishly treated ; especially when asked for an explanation of the child’s absence. In this case the change of the child’s school was brought before the committee, and were asked the mother about it. Of course, il malice existed, and the statement was a lie, privilege would not avail the defendant. ... I cannot see any malice in the action of defendant It may be that the complaint should have been addressed to the chairman of the committee or the head teacher, hut it has been held in somewhat similar cases that privilege is not lost by wrongly addressing the complaint, hooking at the whole of the ciacumstances, it appears to me not a case where damages can be awarded plaintiff. Judgment will be for defendants, with costs ; Coutt costs, 12s: solicitor’s fee, £2 2s ; witnesses’ expenses, 30s.