Ohio Supreme Court, 1834

Flamingham v. Boucher

Flamingham v. Boucher
Ohio Supreme Court · Decided November 15, 1834 · Collett, Wright
1 Wright 746; 1 Ohio Ch. 746

Flamingham v. Boucher

Opinion of the Court

COLLETT, C. J.

tto the jiua-y: If the evidence' satisfies you- the-words, were spoken- within a. year before the date of the writ, the plaintiff wi'1'1. have a right to recover;: but in determining that question, under the pleadings, you- should lay out of view all words spoken-more, than a year before the writ. But if the words are proven to have been- spoken within the year, and the plaintiff’s right is thus established, you may then-take info.-view words spoken more-than a year, to show the degree of malice which influenced the slanderer and to aggravate the damages.

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