SLANDER ACTION

Dominion, Volume 21, Issue 245, 17 July 1928, Page 7

SLANDER ACTION

DOCTOR SUES DOCTOR CASE BEFORE COURT OF APPEALA case of interest to the medical profession came before the Court of Appeal yesterday, when Dr. James Garfield Stewart asked to have a decision of Mr. Justice Sim set aside and a verdict given in his favour, in the case in which he had sued Dr. Arthur Cecil Biggs, of Balelutha, medical superintendent of the South Otago Hospital Board, for £5OO damages for defamation of character. The case was heard in the Supreme Court in October, 1927, when plaintiff, in his statement of claim, said that on December 13, 1026, a deputation of Milton citizens waited upon the South Otago Hospital Board in connection with certain matters that had arisen between the board and the plaintiff. ’On that date the defendant falsely and maliciously spoke and published of and concerning the plaintiff to the members of the board, the members of the deputation, and to other persons then present, the following words: “Some time ago a woman living in the neighbourhood of Milton was expecting confinement, .and a week before that she developed mumps. Dr. Stewart tried all he could to get that woman into private maternity homes in Balelutha, Milton, and . Forth Street, Dunedin, to get those places to take in a woman suffering from a highly-infectious disease into a place where there were other women and little babes actually. The case arrived at the door of the Milton Home, but the nurse in charge quite rightly refused to take it in.” Stewart claimed that the words were spoken and published by the defendant in the presence of Press reporters, and in such circumstances that the defendant knew that the same were being reported for the public Press,, and were, in fact, published in the “Clutha Leader” and the “Bruce Herald.” As a result of these remarks being published plaintiff alleged that he had been injured in his profession of a medical practitioner, and in his character and reputation, and had been, brought into contempt and ridicule. The defendant denied malice, and stated that the occasion was' privileged. At the meeting in question the members of the South Otago Hospital Board present desired that the meeting should go into committee ' before the discussion took place, but at the request of the members of the deputation and the plaintiff it was decided that the meeting. should be open. Defendant stated that he spoke the words in question in discharge of his duty as medical superintendent for the board at the board’s request, and bona-fide without any malice towards the plaintiff, in the honest belief that what he said was true. He had been informing the deputation why the board declined to reinstate the plaintiff ns medical surgeon to the Milton Public Hospital. The plaintiff knew that the reporters were present, and he sanctioned . publication of the words.

The jury found in favour of Dr. Stewart, and awarded him £25 damages, but after further consideration of the case Mr. Justice, Sim held that the occasion was privileged, and that no evidence of malice had been disclosed. He therefore entered judgment' for the defendant. Appellant now asked that the Court of Appeal reverse the finding of Mr. Justice Sim, and that the judgment be given for him. for £25, with costs for both the case before the Lower Court, and before the Court of Appeal. After Mr. H. E. Barrowclough, had argued for the appellant, and Mr. J. S. Sinclair had reached a certain stage in his reply on behalf of the respondent, the Court adjourned until 10.30 this morning.