Morris v. Barker

Superior Court of Delaware

Morris v. Barker

4 Del. 520

DecidedJuly 5, 1847

StatusPublished

This text of 4 Del. 520 (Morris v. Barker) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. Barker, 4 Del. 520 (Del. Ct. App. 1847).

Pincite

Opinion

But the court admitted the evidence, in mitigation of damages, on the authority of Leicester vs. Walter, 2 Camp. 251; and - vs. Moore, 1 M. & S. 284; and it seemed to them reasonable, that although a man may not justify the uttering a slander, nor attempt to prove its truth upon a plea of not guilty, yet with a view to mitigate the damages and disprove malice, he might show that before the uttering the slander by the defendant, it was generally reported and spoken of by others.’ Verdict for plaintiff $200.

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But the court admitted the evidence, in mitigation of damages, on the authority of Leicester vs. Walter, 2 Camp. 251; and - vs. Moore, 1 M. & S. 284; and it seemed to them reasonable, that although a man may not justify the uttering a slander, nor attempt to prove its truth upon a plea of not guilty, yet with a view to mitigate the damages and disprove malice, he might show that before the uttering the slander by the defendant, it was generally reported and spoken of by others.’ Verdict for plaintiff $200.

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Bluebook (online)

4 Del. 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-barker-delsuperct-1847.