O'Brien v. Times Publishing Co.

Supreme Court of Rhode Island

O'Brien v. Times Publishing Co.

43 A. 101, 21 R.I. 256, 1899 R.I. LEXIS 42

CourtSupreme Court of Rhode Island

DecidedMarch 31, 1899

StatusPublished

Cited by1 cases

This text of 43 A. 101 (O'Brien v. Times Publishing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Brien v. Times Publishing Co., 43 A. 101, 21 R.I. 256, 1899 R.I. LEXIS 42 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) The Common Pleas Division erred in directing a nonsuit in' this case. The language complained of is libellous per se, and hence there was no occasion to allege or prove special damage. Moreover, the language had reference to the plaintiff in his official character as a policeman, and hence rendered him specially susceptible to injury. State v. Spear and Corbett, 13 R. I. 324. It has been held that, even when a person is slandered in the way of his trade, the fact of his being in such trade stands in the place of special damage. Rolin v. Steward, 14 C. B. 603. “And,” as said by the court in Harman v. Delaney, 2 Str. 898, “if bare words are so, it will be stronger in the case of a public newspaper, which is so diffusive.” See also Townshend Lib. & SI. §§ 179-182; Starkie on Slander, 168; Am. & Eng. Ency. L„ vol. 13, 299.'

Petition for new trial granted.

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Per Curiam.

(1) The Common Pleas Division erred in directing a nonsuit in' this case. The language complained of is libellous per se, and hence there was no occasion to allege or prove special damage. Moreover, the language had reference to the plaintiff in his official character as a policeman, and hence rendered him specially susceptible to injury. State v. Spear and Corbett, 13 R. I. 324. It has been held that, even when a person is slandered in the way of his trade, the fact of his being in such trade stands in the place of special damage. Rolin v. Steward, 14 C. B. 603. “And,” as said by the court in Harman v. Delaney, 2 Str. 898, “if bare words are so, it will be stronger in the case of a public newspaper, which is so diffusive.” See also Townshend Lib. & SI. §§ 179-182; Starkie on Slander, 168; Am. & Eng. Ency. L„ vol. 13, 299.'

Petition for new trial granted.

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Bluebook (online)

43 A. 101, 21 R.I. 256, 1899 R.I. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-times-publishing-co-ri-1899.

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