Andrews v. Bartholomew

Decided September 15, 1841

Massachusetts Supreme Judicial Court · decided 1841-09-15

At the trial of this action, which was for slander, the defendant offered to prove, in mitigation of damages, that the plaintiff had, for several years, been hostile to the defendant, and had proclaimed that he did not wish to live in peace and on good terms with him. The evidence was rejected, and a verdict returned for the plaintiff. The defendant alleged exceptions.

Decided 1841-09-15

By the Court.

¶1The fact offered to be shown had no tendency to disprove malice in the defendant, nor for any reason to mitigate the damage. It was immaterial and rightly rejected. (See Craig v. Catlet, 5 Dana, 323. Goodbread v. Ledbetter, 1 Dev, & Bat. 12.)

¶2Judgment on the verdict.