£35 DAMAGES.

Press, Volume LXVI, Issue 19853, 14 February 1930, Page 11

£35 DAMAGES.

MALICIOUS STATEMENTS IN LETTER. •IP&XSS 4SSOCHTIOK TZLiGHAM.) . . INVERCARGILL. February ,13. Damages to the amount of £IOO « were claimed by Herbert. Campbell, of ; Waikawa, farmer, in an action • agains? Robert Hamilton senior, "of TJaikawa, farmer, ill the Magistrate's Court. toclaimed that, on April 26th, 1929, defendant falsely and maliciously •wrote and published .in • a letter, to David McDougall, MP., these words:. "I also object to this Mr Campbell aa a neighbour,, as it is not long since he came out of the asylum and is. a dangerous when annoyed." Defendant, it 'was claimed, meant that plaintiff was. a man of' jinsound mind on occasions, who committed acts of violence towards his neighbours and was a. menaoe to the community. By reason of _ this statement plaintiff's reputation, it was alleged, had been injured. - - + Mr Hall Jones, for plaintiff t stated the facts of the case and Said .thatCampbell was a -well-respected toan, a" returned soldiejr 'who had soffereOl wounds and had the misfortune'. to spend some- time ; in .the mental- noe- | pital. The grounds for his act _ arose when he was applying for a section Of, land. He had then been free of mental trquble for several years, and the statement, it was' claimed, * was < nrade with slanderous intent. ;to prejudice his chances. - " Thei defence raised the plea .of qualified privilege. . _- , r . In giving his decision • the. Magistrate said the statements were undoubtedly libellous oer se. The suggestion -that .plaintiff : was - a dangerous fellow was a very unhappy and sferious one to make. It had been proved conclusively that plaintiff was a. abiding citizen, who was hew in" we highest respect by all who taiew him. Even had he found that qualified-priyi-lege existed it -would have been .overridden by the malice evidenced by aefendant. Vj" The ' Magistrate fixed at £35, with oosts against defendant.:•