109 Mass. 193 | Mass. | 1872
In an action for slander, malicious intent is an inference of law which arises from the speaking of the words alone, whenever the words spoken are in themselves actionable. This inference is rebutted when the occasion and circumstances of the speaking are such as to exclude the idea of malice, as when the communication was made in good faith, in the performance of a duty, and with the honest and. reasonable purpose of protecting the interest of the party using the words. When that is the case, the plaintiff must prove malice in fact, or he fails to establish a necessary element in his cause of action. It is a question for the court, whether the statement, if made in good faith and without malice, is thus privileged. But the plaintiff has the right, notwithstanding the privileged character of the communication, to go to the jury, if there be evidence tending to show actual malice, as when the words unreasonably impute crime, or the occasion of their utterance is such as to indicate, by its unnecessary publicity or otherwise, a purpose wrongfully to defame the plaintiff. Brow v. Hathaway, 13 Allen, 239. Somerville v. Hawkins, 10 C. B. 583. Gassett v. Gilbert, 6 Gray, 94.
Exceptions overruled.