Southee v Denny
| Jurisdiction | England & Wales |
| Judgment Date | 30 June 1847 |
| Date | 30 June 1847 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 83
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 17 L. J. Ex. 151.
southee v. denny. June 30, 1847.-A declaration stated that the plaintiff was a surgeon and accoucheur, and in that character had attended one li. during her ; confinement; that the defendant, in a discourse which he had with li., of ai\d concerning the plaintiff, and of and concerning the plaintiff'ill-relation to his said profession and business, spoke of and concerning &c., the following words:-"I wonder you had him to attend you. Do you know him '\ He is not an apothecary ; he has not passed any examination; he is n bad character; none of the medical I men here will meet him. There have been many inquests had upon persons who have died because he attended them." The defendant pleaded not guilty. At the trial the latter words, as to the inquests, were not proved, but the words proved were, " several have died that the plaintiff' had attended, and there h.'ive been inquests held on them." The judge amended the declaration accordingly, and a verdict was found for the plaintiff:- Held, on motion for a new trial, that ; the judge was justified in making the amendment; also, that the words as amended were actionable, without the aid of any innuendo to explain them by reference to extrinsic circumstances.-Semble, that the words, " he is a bad character, none of the medical men here will meet him," alone were actionable, ! as importing the want of a necessary qualification for a surgeon in the ordinary I discharge of hia professional duties. ; j [S. G. 17 L. J. Ex.151.] Slander. ; The declaration stated, that, at the time of the committing of the grievances by the defendant, the plaintiff was arid still is a surgeon and accoucheur, at Cambridge, and the plaintiff" hath always hitherto exercised arid carried on, and stiill doth exercise and carry on, the profession and business of a surgeon and accoucheur with honesty, integrity, skill, credit, and reputation, to the comfortable support of himself and his family, and the increase of his riches and gains ; that before the committing of the said grievances, one Isabella Reay, being the wife of one Edward Beay, and residing and living at Cambridge aforesaid, had been and was confined, 84 SOUTHEE V DENNY 1 EX 197 and had been delivered of a child, [197] and the plaintiff, being such surgeon and accoucheui as aforesaid, had been retained and employed as such surgeon and accoucheui, to attend, and had attended, as such surgeon and accoucheur, the said Isabella Reay upon the occasion of the said confinement, and had delivered the said Isabella Reay of the said child with skill, credit, and reputation Yet the defendant, well knowing the premises, but contriving, &c to mjuie the plaintiff in the way of his said profession and business of a surgeon and an accoucheur, heretofore, to wit, on &c, in a certain cliscouise which the defendant then had with the said Isabella Reay, of and conceinitig the plaintiff, and of and concerning the plaintiff in i elation to his said profession and business, in the presence and hearing of the said Isabella Keay, and of...
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