Sanborn v. Gerald

Supreme Judicial Court of Maine

Sanborn v. Gerald

40 A. 67, 91 Me. 366, 1898 Me. LEXIS 41

DecidedFebruary 4, 1898

StatusPublished

This text of 40 A. 67 (Sanborn v. Gerald) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanborn v. Gerald, 40 A. 67, 91 Me. 366, 1898 Me. LEXIS 41 (Me. 1898).

Pincite

Opinion

Haskell, J.

Upon the trial the defendant justified the speaking of words charged to be slanderous as true. The presiding justice charged the jury: “Now the burden of this branch of the [367]*367case is upon the defendant. He must satisfy you by a preponderance of the evidence by clear and convincing proof that the words were actually true in order to exonerate himself from liability for having uttered them.”

Exceptions were sustained to the rule above given in a case from the same court in French v. Day, 89 Maine, 441. The opinion in that case disposes of this one.

Exceptions sustained.

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Haskell, J.

Upon the trial the defendant justified the speaking of words charged to be slanderous as true. The presiding justice charged the jury: “Now the burden of this branch of the [367]*367case is upon the defendant. He must satisfy you by a preponderance of the evidence by clear and convincing proof that the words were actually true in order to exonerate himself from liability for having uttered them.”

Exceptions were sustained to the rule above given in a case from the same court in French v. Day, 89 Maine, 441. The opinion in that case disposes of this one.

Exceptions sustained.

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Bluebook (online)

40 A. 67, 91 Me. 366, 1898 Me. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanborn-v-gerald-me-1898.