A Treatise On the Wrongs Called Slander And Libel, And On the Remedy By Civil Action for Those Wrongs
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Act. for Words, TJ. a.
13; Barrow v. Gibson, L'd Eaym. 831; 1 Str. 566; Bull. N. P. T; 1 Lev. 140; Trenton Ins. Co. ii. Perrine, 3 Zabr. 402. Action by a butcher for saying a cow, the carcass of which he had to sell, died by calving, by which he lost his customers, judgment was given for the plaintiff, but reversed on error, the alleged loss of cus- tomers being too general ; but held that had it been laid, the plaintiff exposed the meat far sale, and by reason of the words he lost the sale, th...e action could have been maintained. (Rice v. Pidgeon, Comb. 161, and Tassan v. Rogers, 2 Salk. 693.) "A distinction has been made between particular damage and general damage ; thus, in an action for slandering a man in his trade, when the declaration alleges that he thereby lost his trade, he may show a general damage to his trade, though he can- not give evidence of particular instances," (CresweU, J., Rose v. Groves, 5 M. & G.
618.) To prove the loss of a customer, the customer must be called to prove why he ceased to deal with the plaintiff, and if the witness says he ceased to deal with plaintiff in consequence of something he heard from one, not the defendant, it is not special damage.
What to read after A Treatise On the Wrongs Called Slander And Libel, And On the Remedy By Civil Action for Those Wrongs?
You can find similar books in the "Read Also" column, or choose other free books by John Townshend to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Act. for Words, TJ. a.
13; Barrow v. Gibson, L'd Eaym. 831; 1 Str. 566; Bull. N. P. T; 1 Lev. 140; Trenton Ins. Co. ii. Perrine, 3 Zabr. 402. Action by a butcher for saying a cow, the carcass of which he had to sell, died by calving, by which he lost his customers, judgment was given for the plaintiff, but reversed on error, the alleged loss of cus- tomers being too general ; but held that had it been laid, the plaintiff exposed the meat far sale, and by reason of the words he lost the sale, th...e action could have been maintained. (Rice v. Pidgeon, Comb. 161, and Tassan v. Rogers, 2 Salk. 693.) "A distinction has been made between particular damage and general damage ; thus, in an action for slandering a man in his trade, when the declaration alleges that he thereby lost his trade, he may show a general damage to his trade, though he can- not give evidence of particular instances," (CresweU, J., Rose v. Groves, 5 M. & G.
618.) To prove the loss of a customer, the customer must be called to prove why he ceased to deal with the plaintiff, and if the witness says he ceased to deal with plaintiff in consequence of something he heard from one, not the defendant, it is not special damage.
What to read after A Treatise On the Wrongs Called Slander And Libel, And On the Remedy By Civil Action for Those Wrongs?
You can find similar books in the "Read Also" column, or choose other free books by John Townshend to read onlineMoreLess
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