ALLEGED SLANDER

Hawke's Bay Tribune, Volume XVII, Issue 209, 18 August 1927, Page 7

ALLEGED SLANDER

DOCTOR sues doctor £25 DAMAGES AWARDED. Dunedin, Aug. 17. An action for alleged false and malicious publication was concluded in the Supreme Court to-day. Dr. £tewart, of Milton, was the plaintiff, and Dr. Biggs, of Balclutha. the defendant. It was claimed that at a meeting between the South Otago Hospital Board and a deputation of Milton residents, Dr. Biggs made certain statements reflecting on Dr Stewart’s professional capacity, and that plaintiff had been injured in his reputation and in his character as a result of the publication of the statements. Plaintiff claimed £5OO damages. The defendant admitted that le spoke the words, but said that this had been done in discharge of his duty as medical superintendent of the board at the board’s request. They were bona tide without any malice towards the plaintiff and in the honest belief that what he said was true, and in reply to a request of the deputation that they, as representing the Milton branch of the New Ibealand Farmers’ Union and various friendly societies, should be informed ot the season why the board had declined to reinstate the nlaintiff as a medical surgeon in the Milton Public Hospital. After lengthy evidence extending over two days, a special jury found (1) that the words complained of by plaintiff were defamatory of him in his -profession, (2) that the words were not true, (3) that the defendant did not honestly believe them to be true, and (4) that when the defendant spoke the words he was actuated bv malice. Plaintiff was awarded £25 damages. Further consideration of the action was adjourned, and at a subsequent date the question will be argued as to whether there was evidence >f malice to go to the jury.