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1 D. Chip. 275

Taft v. Howard

Supreme Court of Vermont

Decided August 15, 1814

Supreme Court of Vermont · decided 1814-08-15

THIS was an action for words. The declaration, after the usual introduction, but without any coíloqium, procedes. “ The defendant did, on the 15th day of/une, 1813, at Townsend aforesaid, with aloud.voice, speak, utter and publish the following false, scandalous and malicious words, of, and concerning the plaintiff, to wit: I have come to see you (meaning the said Amasa) about burning my bark house, (meaning the bark house of the defendant and others, which had then lately…

Decided 1814-08-15

By the Court.

¶1The words as set forth in the declaration are not actionable. Had there been a colloquium introduced, of and concerning a certain building, called a bark house, belonging to said Chapin Howard and others, and which had then lately been burnt, and was supposed to have been set on fire by some evil disposed person; the words laid in the declaration might, with proper innuendoes, refering to the colloquium, have been held actionable. But it is the office of an innuendo to explain, by refering to something already introduced, not to introduce new matter. The innuendo, relied upon by the plaintiff’s counsel,-in what he calls the first set of words, is introductory of new matter. There is no colloquium, no facts stated to which it can refer. The matter in what is called the first set of words is insufficient, and a reference, in what is called the second set of words to this insufficient matter, cannot avail; and as no special damages are laid, the declaration cannot be supported, there must therefore be

¶2Judgment for the defendant,

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