68 Me. 295 (Me. 1878), Tillson v. Robbins

Citation68 Me. 295
Opinion JudgeBARROWS, J.
Party NameDAVIS TILLSON v. LEVI M. ROBBINS.
AttorneyA. P. Gould & J. E. Moore, for the defendant. D. N. Mortland & O. P. Hicks, for the plaintiff.
Judge PanelAPPLETON, C. J., WALTON, DICKERSON, DANFORTH and PETERS, JJ., concurred.
Case DateJune 07, 1878
CourtSupreme Judicial Court of Maine

Page 295

68 Me. 295 (Me. 1878)

DAVIS TILLSON

v.

LEVI M. ROBBINS.

Supreme Judicial Court of Maine.

June 7, 1878

ON EXCEPTIONS by the defendant to the overruling of his demurrer to the declaration.

LIBEL, in two counts, for words printed in a newspaper, the Rockland Opinion, September 15, 1876. The first count declares for a libel against the plaintiff as an individual, in these words: " The Hurricane Vote. Again we have to chronicle most atrocious corruption, intimidation and fraud in the Hurricane island vote, for which Davis Tillson is without doubt responsible, as he was last year."

The second count declares for a " libel of and concerning the plaintiff in his business" of merchant and contractor in the same words with these added: " Hurricane island is all owned by Davis Tillson, an intense partisan and unscrupulous politician. It is leased to government and contains quarries from which is taken granite for public buildings. This granite is bought by government of Tillson, and is there cut by men who receive about $3.50 per day. On all expenditures Tillson has a gratuity of 15 per

Page 296

cent, for which he renders no equivalent, unless the lease of the island and its facilities be deemed such."

The declaration, omitting the first and formal part, alleges the publication in the " Rockland Opinion, containing therein the false, scandalous, defamatory and opprobrious matter following of and concerning the said Davis Tillson; that is to say," and proceeds as follows:

" ‘ The Hurricane Vote. Again we have to chronicle most atrocious corruption, intimidation and fraud in the Hurricane island vote, [meaning the vote given at the election, September 11, 1876] for which Davis Tillson [meaning the plaintiff] is without doubt responsible, as he [meaning the plaintiff] was last year.’ Meaning and intending thereby to say and convey to the public mind the impression that the said Davis Tillson had been proved guilty a year ago of the crime of corruption, intimidation and fraud, and further meaning and insinuating thereby that said Davis Tillson, before the time of writing and publishing of the said libel, had been guilty of the base and atrocious crimes of corruption, intimidation and fraud, at the election, held on that island on the eleventh day of September, A. D. 1876, in which the inhabitants of said island, in the town of Vinalhaven, gave their votes for a member of congress, governor, a senator in the state legislature, county officers, and a representative to the legislature. And the said defendant thereafterward on the same day caused to be sent and delivered through the mail and otherwise the libel aforesaid," etc.

The second count is similar, in its innuendoes and in its want of averments and colloquium, to the first count.

The presiding justice overruled the defendant's demurrer to the declaration; and the defendant alleged exceptions.

A. P. Gould & J. E. Moore, for the defendant.

I. Unless the words set out as libelous are in themselves actionable without any reference to other matters, the declaration is bad. In such action there should be...

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22 practice notes
  • 101 N.W. 907 (N.D. 1904), Lauder v. Jones
    • United States
    • North Dakota Supreme Court of North Dakota
    • February 24, 1904
    ...(Neb.) 61 N.W. 108, 47 Am. St. Rep. 737; Ayres v. Toulmin (Mich.) 41 N.W. 855; Spencer v. Southwick, 11 Johns. 592; Tillson v. Robbins, 68 Me. 295, 28 Am. Rep. 50; Townshend on Slander and Libel, 177; Newell on Slander and Libel, sections 31, 42. We cannot see how two minds can differ as to......
  • 106 N.W. 618 (Iowa 1906), Sheibley v. Ashton
    • United States
    • Iowa Supreme Court of Iowa
    • March 12, 1906
    ...v. Reynolds, 6 Vt. 489 (27 Am. Dec. 574); May v. Jones, 88 Ga. 308 (14 S.E. 552, 15 L.R.A. 637, 30 Am. St. Rep. 154); Tillson v. Robbins, 68 Me. 295 (28 Am. Rep. 50); King v. Root, 4 Wend. 113 (21 Am. Dec. 102); Boehmer v. Detroit Co., 94 Mich. 7 (53 N.W. 822, 34 Am. St. Rep. 318); Quist v.......
  • 128 A. 373 (Del.Super. 1925), Zanker v. Lackey
    • United States
    • Delaware Superior Court of Delaware
    • January 16, 1925
    ...published. Rice v. Simmons, 2 Del. 417, 2 W.W. Harr. 417, 31 Am. Dec. 766; Obaugh v. Finn, 4 Ark. 110, 37 Am. Dec. 773; Tillson v. Robbins, 68 Me. 295, 28 Am. Rep. 30; Augusta Evening News v. Radford, 91 Ga. 494, 17 S.E. 612, 20 L. R. A. 533, 44 Am. St. Rep. 53; Cerveny v. Chicago Daily New......
  • 100 N.W. 867 (Iowa 1904), Morse v. Times-Republican Printing Co.
    • United States
    • Iowa Supreme Court of Iowa
    • September 23, 1904
    ...64 Mass. 25, 10 Cush. 25; Aldrich v. P. P. Co., 9 Minn. 133 (9 Gilf. 123, 83 Am. Dec. 84); Root v. King, 7 Cow. 628; Tillson v. Robbins, 68 Me. 295 (28 Am. Rep. 50); Smart v. Blanchard, 42 N.H. 137; Foster v. Scripps, 39 Mich. 376 (33 Am. Rep. 403); Barr v. Moore, 87 Pa. 385 (30 Am. Rep. 36......
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22 cases
  • 101 N.W. 907 (N.D. 1904), Lauder v. Jones
    • United States
    • North Dakota Supreme Court of North Dakota
    • February 24, 1904
    ...(Neb.) 61 N.W. 108, 47 Am. St. Rep. 737; Ayres v. Toulmin (Mich.) 41 N.W. 855; Spencer v. Southwick, 11 Johns. 592; Tillson v. Robbins, 68 Me. 295, 28 Am. Rep. 50; Townshend on Slander and Libel, 177; Newell on Slander and Libel, sections 31, 42. We cannot see how two minds can differ as to......
  • 106 N.W. 618 (Iowa 1906), Sheibley v. Ashton
    • United States
    • Iowa Supreme Court of Iowa
    • March 12, 1906
    ...v. Reynolds, 6 Vt. 489 (27 Am. Dec. 574); May v. Jones, 88 Ga. 308 (14 S.E. 552, 15 L.R.A. 637, 30 Am. St. Rep. 154); Tillson v. Robbins, 68 Me. 295 (28 Am. Rep. 50); King v. Root, 4 Wend. 113 (21 Am. Dec. 102); Boehmer v. Detroit Co., 94 Mich. 7 (53 N.W. 822, 34 Am. St. Rep. 318); Quist v.......
  • 128 A. 373 (Del.Super. 1925), Zanker v. Lackey
    • United States
    • Delaware Superior Court of Delaware
    • January 16, 1925
    ...published. Rice v. Simmons, 2 Del. 417, 2 W.W. Harr. 417, 31 Am. Dec. 766; Obaugh v. Finn, 4 Ark. 110, 37 Am. Dec. 773; Tillson v. Robbins, 68 Me. 295, 28 Am. Rep. 30; Augusta Evening News v. Radford, 91 Ga. 494, 17 S.E. 612, 20 L. R. A. 533, 44 Am. St. Rep. 53; Cerveny v. Chicago Daily New......
  • 100 N.W. 867 (Iowa 1904), Morse v. Times-Republican Printing Co.
    • United States
    • Iowa Supreme Court of Iowa
    • September 23, 1904
    ...64 Mass. 25, 10 Cush. 25; Aldrich v. P. P. Co., 9 Minn. 133 (9 Gilf. 123, 83 Am. Dec. 84); Root v. King, 7 Cow. 628; Tillson v. Robbins, 68 Me. 295 (28 Am. Rep. 50); Smart v. Blanchard, 42 N.H. 137; Foster v. Scripps, 39 Mich. 376 (33 Am. Rep. 403); Barr v. Moore, 87 Pa. 385 (30 Am. Rep. 36......
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