80 Md. 159 | Md. | 1894
delivered the opinion of the.Court.
As this case comes before us, the ■ declaration contains only one count, and the question of its sufficiency is pre_ sented by a demurrer. This demurrer was sustained by the Court below, and the plaintiff has appealed. The declaration averred that the plaintiff was in the employment of one Chard, and stood high in his regard and esteem, and that the defendant had so great an influence over Chard that he was afraid to offend him, and that the defendant maliciously intending to alienate the regard and esteem of the said Chard from the plaintiff, and maliciously intending to effect his discharge by Chard from his employment, maliciously wrote and caused to be delivered to Chard a letter in the following words : “John (meaning the plaintiff) has said something hear of late which I (meaning-the defendant) do not like, and myself (meaning the defendant) nor Lethia (meaning defendant’s wife) shall never poot our foot on the place (meaning the property of said Chard) as long as he (meaning the plaintiff) stays their. For they are to bad to mention.”
The declaration further avers that by reason of the letter, and without any other reason whatever, Chard discharged the plaintiff from his employment, and the plaintiff lost his regard and esteem.
The letter, mentioned in the declaration, stated to Chard the defendant’s displeasure at something which the plaintiff was alleged to have said. It was described as something
We have implied, in what has been said, that the declaration did not show a cause of action, inasmuch
We do not question the general rule maintained by the counsel for the plaintiff, that when a wrongful act has been committed the wrongdoer is responsible in a suit at law for the damages resulting from it. But the very foundation of the right of recovery fails in this case, because the unlawful character of the supposed tortious act is not shown. In a very great number of instances the Courts have been called upon to decide actions for infringing legal rights, and the language of the opinions delivered has frequently been very general; but it must always be interpreted with reference to the facts which were presented for adjudication. For instance, where it is said that when the plaintiff has a right he must have a remedy if he is injured in the enjoyment of it; it must necessarily be understood that the injury must be an act which is unlawful in itself, or that it is rendered unlawful by the cir
The demurrer was properly sustained, and the judgment will be affirmed.
Judgment affirmed.