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56 Me. 483

Orr v. Skofield

Supreme Judicial Court of Maine

Decided July 1, 1869

Supreme Judicial Court of Maine · decided 1869-07-01

On Exceptions. Case, for that whereas the plaintiff is, and from his youth has been, of good reputation among his neighbors and follow citizens, for honesty and propriety of conduct, and hath been wholly free from the atrocious crime of stealing, and hath never been convicted or suspected to have been guilty of that crime, and for more than ten years last past hath been master of a vessel, ¡and entrusted by the owners thereof with the command, care and control of the same,…

Good law ✅— No negative treatment on recordhow we know

Decided 1869-07-01

How this case has been cited

Cited by 5 later decisions — most recently July 1973

5 state decisions

20186918701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Appleton, C. J.

¶1The plaintiff is a shipmaster, and has brought this action against the defendant for saying of him, " that he sold the consignment of the ship Rising Sun, (of which he was then master,) and pocketed the money,” "by means of which false and scandalous words,” the plaintiff "has been much injured in his business as shipmaster, and has *487been thrown out of employment, suffered great anxiety of mind, and has lost situations 'and employment in the command of divers vessels which he would otherwise have received, and by which he would have earned large sums of money,” &c., &o.

¶2By an amendment, these false and scandalous words are alleged to ho spoken " of and concerning the plaintiff in his capacity as a shipmaster,” and " of and concerning the business and calling of the plaintiff, in his capacity of shipmaster aforesaid.”

¶3As the declaration nowys, the words are spoken of and concerning the plaintiff in his capacity as a shipmaster. Words not actionable in themselves become so by being spoken of one filling an office or carrying on a particular vocation, when spoken of him in such office or vocation. So, words in themselves not actionable may become so by reason of some special damage occasioned by them. Brown v. Trundy, 31 Maine, 321; Harris v. Burley, 8 N. H., 256. "Whatever words,” remarks Bailey, J., in Whittaker v. Bradley, 16 E. C. L., 310, "have a tendency to hurt, or are calculated to prejudice a man, who seeks a livelihood by any trade or business, are actionable.” The words, which constitute the plaintiff’s ground of action, being spoken of here in relation to his business, are calculated to prejudice him in his business, and, as the defendant by his demurrer admits, have so prejudiced him. Any charge of dishonesty against an individual, in connection with his business, whereby his character in such business may be injuriously affected, is actionable. Fowles v. Bowen, 30 N. Y., 20. " The principle is well settled,” observes J ewett, J., in Kinney v. Nash, 3 Coms., 177, "that, to maintain an action for words spoken, the words must cither have produced a temporal loss to the plaintiff, &c., or they must impute some matter in relation to his particular trade or vocation, and which, if true, would render him unworthy of employment.” Applying to the words spoken their ordi*488nary meaning, we cannot doubt that they are slanderous of the plaintiff in relation to his business, if untrue.

¶4Exceptions overruled.

Dickerson, Barrows, Danporth and Tapley, JJ., concurred.
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