229 Mass. 339 | Mass. | 1918
The jury could have found that the words, “Why wouldn’t she have attractive gowns since two men are buying them for her,” and “Allan Craig buys them for her as well as her husband,” were uttered and published concerning the plaintiff Hartford, a married woman living with her husband, and of the plaintiff Craig, a married man. Hanson v. Globe Newspaper Co. 159 Mass. 293, 294. If published in writing or in print, the words which tended to expose the plaintiffs to aversion and disgrace, and to disseminate an evil opinion of them in the community.
By special damages is meant damages which are the natural but not the necessary result of the alleged wrong, and hence such damages do not follow by implication of law upon proof of the defamatory words. Doyle v. Kirby, 184 Mass. 409, 411. Ratcliffe v. Evans, [1892] 2 Q. B. 524, 528.
The words declared on cannot be enlarged in meaning by the innuendo. While inferentially imputing censurable or indiscreet conduct because of the marital status of the parties referred to, they are insufficient to substantiate a charge of adultery. Lecherous thoughts or desires are not crime. Goodrich v. Davis, 11 Met. 473, 481. York v. Johnson, 116 Mass. 482. Adams v. Stone, 131 Mass. 433. Sillars v. Collier, 151 Mass. 50.
Inasmuch as the words are not actionable of themselves, the nature of the alleged wrong by which the plaintiffs have suffered the loss of some material or substantial advantage enjoyed or possessed must be specifically pleaded. The action as thus defined may not be technically an action for slander, but this is of no importance. Cook v. Cook, 100 Mass. 194. Fitzgerald v.
But for reasons previously stated the allegations in the second case that the defendant intended falsely and maliciously to “ charge the plaintiff with being a woman of immoral character” do not impute the commission of any criminal offence either at common
So ordered.