250 Mass. 587 | Mass. | 1925
This is an action of tort with a declaration in two counts: the first, for slander in publicly accusing the plaintiff of larceny; and the second, for malicious prosecution of the plaintiff upon a charge of larceny. The jury returned a verdict for the plaintiff on each count. The exceptions of the defendant relate to the admission of evidence, and to the refusal of the trial judge to give the rulings requested and to direct a verdict for the defendant on each count.
The defendant made seven requests for rulings, none of which were given in terms, but they were given in substance in so far as the defendant was entitled to them. On the charge the jury could not have returned a verdict for the plaintiff on the count for slander unless they found that “ the words were maliciously and falsely spoken, and that they were substantially as set out in the declaration.” Brow v. Hathaway, 13 Allen, 239. It is enough to prove that the words were spoken substantially as alleged. Baldwin v. Soule, 6 Gray, 321. Pion v. Caron, 237 Mass. 107.
On the count for malicious prosecution, the jury were instructed, in substance, that the plaintiff has the burden of proving that she was prosecuted both maliciously and without probable cause, and that on the latter issue this burden required the plaintiff to prove that the defendant had no reason which would lead an ordinarily prudent and careful man to believe that the plaintiff had committed the larceny charged or strongly and honestly to suspect that she had. The defendant’s fifth request, relating to the right of a person who believes that a crime has been committed to make a statement of the facts, which he has heard and believes to be true, to a police officer, and then to leave the matter to the officer to act upon his own judgment in regard to a prosecution, was properly denied. The complaint was made not by the officer but by the defendant personally. Burnham v. Collateral Loan Co. 179 Mass. 268. Griffin v. Dearborn, 210 Mass. 308, 313.
Testimony was offered in the case in support of every material issue on each count. The motion for a directed verdict was, therefore, rightly denied.
Exceptions overruled.