ACTION FOR SLANDER

Dominion, Volume 22, Issue 262, 1 August 1929, Page 11

ACTION FOR SLANDER

PLAINTIFF SUCCEEDS. Reserved judgment was given by Mr. T. B. McNeil. S.M., in the Magistrates Court, yesterday, in the case in which a waterside worker, William Tressider, claimed £lOO damages from John Barrett for alleged slander. Plaintiff, it was stated, was a frequenter of a club in Courtenay Place, run by..defendant, who was alleged to have said to plaintiff: “You robbed young Fitzmaurice on Monday night with crook dice.” Defendant denied that he robbed Fitzmaurice. The Magistrate said he thought it was proved by plaintiff's evidence that defendant, on December 8 last, in the street in front of the said club premises, addressing plaintiff, spoke the words complained of. , “There is not the slightest evidence before the Court,” said the Magistrate, “that there is any truth in the statement complained of. All that the defendant says in support of his assertion about plaintiff having robbed Fitzmaurice is that two men told him it was the case. It is defamatory to make and publish a statement of a person that he has robbed another, thereby imputing he has committed a criminal offence.” The Magistrate held that plaintiff was entitled to succeed in his action. From the evidence before the Court, however, it did not appear that the slander had greatly prejudiced plaintiff, for he had been able to obtain work on the waterfront, and to associate with his fellows. Judgment would be given for plaintiff for £l5. _ .

At the hearing Mr. W. E. Leicester appeared for plaintiff, and Mr. J. S. Mac Duff for defendant.