3 Johns. 180 | N.Y. Sup. Ct. | 1808
delivered the opinion of the court. The plaintiff’s counsel have considered the charge of the judge As incorrect, in leaving it to the jury to decide whether the words spoken, which were actionable in themselves, were spoken maliciously, or with a defamatory intention.
I am perfectly satisfied, that the charge to the jury was aot only correct, but that no- other charge could have
If, however, the weight of evidence was against the defendant, as to the maliciousness of the words, it would be violating a salutary rule to grant á new trial. In penal actions, in actions for a libel and for defamation, and other actions vindictive in their nature, unless some rule of law be violated, in the admission or rejection of evidence,
We are, therefore, of opinion, that the motion for a new trial must be denied.
Rule refused*
1 Burr. 54. 2 Salk. 644—8.