WHEN DOCTORS DIFFER.
AN ACTION FOR SLANDER,
Dunedin, Last Night. An action for an alleged false and malicious publication was concluded in the Supreme Court to-day. Dr. Stewart, of Milton, was the plaintiff and Dr. Biggs, of Balclutha, the defendant. It was claimed that at a meeting between the South Otago Hospital Board and a deputation of Milton residents, Dr. Biggs made certain statements reflecting on Dr. Stewart’s professional capacity and that plaintiff had been injured in his character as a result of the publication of the statements. Plaintiff claimed £SOO damages. The defendant admitted that he spoke the words, but said that this had been done in discharge of his duty as medical superintendent of the Board at the Board’s request. They were bona fide without any malice towards the plaintiff, and in the honest belief that what he said was true and in reply to a request of the deputation that they, as representing the Milton branch of the New Zealand Farmers’ Union and various friendly societies, should be informed of the reason why the Board had declined to reinstate the plaintiff as medical surgeon in the Milton public hospital. After lengthy evidence, extending over two days, a special jury found (1) That the words complained of by plaintiff were defamatory of him in his profession; (2) that the words were not true; (3) that the defendant did. not honestly believe them to be true, and (4) that when the defendant spoke the words he was actuated by malice. Plaintiff was awarded £25 damages.
Further consideration of the action was adjourned and at a subsequent date the question will be argued as to whether there was evidence of malice to go to the jury.
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https://paperspast.natlib.govt.nz/newspapers/MH19270818.2.9
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Manawatu Herald, Volume XLVIII, Issue 3679, 18 August 1927, Page 2
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286WHEN DOCTORS DIFFER. Manawatu Herald, Volume XLVIII, Issue 3679, 18 August 1927, Page 2
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