Hayward v. Maroney

• Decision Date: 31 October 1912
• Citation: 85 A. 379,86 Conn. 261
• Court: Connecticut Supreme Court
• Parties: HAYWARD v. MARONEY.

85 A. 379

86 Conn. 261

HAYWARD

v. MARONEY.

Supreme Court of Errors of Connecticut.

Oct. Term, 1912.

Appeal from Court of Common Pleas, Hartford County; John Coats, Judge.

Action by Gertrude Hayward against Elizabeth Maroney.Judgment for plaintiff.Defendant appeals.Affirmed.

Andrew J. Broughel, Birdsey E. Case, and Joseph L. Barbour, all of Hartford, for appellant.

Sidney E. Clarke, of Hartford, for appellee.

THAYER, J.This is an action for slander.The slanderous words alleged were actionable per se, and the court found that they were false and malicious.It therefore properly overruled the defendant's claim that the plaintiff was entitled to only nominal damages.

The evidence of Mrs. Reed as to the speaking of the words was properly received.She stated, it is true, that they were spoken some time in February, the month in which the suit was commenced, and the ground of objection was that it did not appear that the words were uttered before the bringing of the action.But she fixed the date as being on the day that she learned that the plaintiff had received a certain letter from the defendant, and there was evidence offered tending to prove that this was on the 20th of February.The action was commenced on the 23d of February.

The testimony of the same witness to prove a subsequent repetition of the same words by the defendant concerning the plaintiff was properly received for the purpose for which they were offered, to prove actual malice, and thus lay the foundation for enhanced damages.

The letter from the defendant to the plaintiff(Exhibit A) was properly received in evidence in connection with testimony showing that it was the one referred to by Mrs. Reed, that it was received by the plaintiff on February 20th, and that she at once notified Mrs. Reed by telephone that she had received it.The evidence tended to fix the time when the slander was uttered, and show that it was prior...