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SLANDER LEGAL DEFINITION OF THE TERM.

Dunedix, Maich 20. In the case Brown v. Dwyer, Mr Justice "Williams gave a definition of verbal slander^ raying that in order that plaintiff should succeed the juiy must be satisfied that the Imputation amounted to the imputation of a ciime Nono of the words used were actionable in an action for verbal slauder except- the word " thief," and the "word "thief was only aetionablo if the meaning which thos>e who heaid the woids •would alhibutc to it was that it amounted to an assertion that plaintiff had boon jjuilty of the crime of theft. The question was not what the peison who utteicd the words meant, but the meaning which those who heard the word.-? would probably attribute to them. After re\ie\viiur the evidence, His Honor said that the question the jury had to determine was whether, in using the word "thief in the sun-«e in •which it w as used, bystanders, would understand that the ciime of theft was imputed to plaintiff. If they would not have understood that the crime of theft was imputed to plaintiff, hut that the word " thief " was used merely as the words " rogue " and " craw ler " were used as terms of abuse, then the plaintiff 'was not entitled to recover. If, however, the jury thought that the word "thief" ■was undet stood by the bystanders as impfnting crime, then the plaintiff was entitled to recover some damages. The amount ■was for the jury to determine.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TAN18880324.2.27

Bibliographic details
Ngā taipitopito pukapuka

Te Aroha News, Volume V, Issue 249, 24 March 1888, Page 4

Word count
Tapeke kupu
249

SLANDER LEGAL DEFINITION OF THE TERM. Te Aroha News, Volume V, Issue 249, 24 March 1888, Page 4

SLANDER LEGAL DEFINITION OF THE TERM. Te Aroha News, Volume V, Issue 249, 24 March 1888, Page 4

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