Opinion · Supreme Judicial Court of Maine

Barnes v. McCrate

32 Me. 442

Type
Opinion
Court
Supreme Judicial Court of Maine
Jurisdiction
Maine
Date
1851-04-15
Topic
general

How later courts describe this case

  • a witness who testified in response to questioning that he feared the plaintiff would set his warehouse on fire was immune from liability for slander

Citator

UpLaw has not yet analyzed Barnes v. McCrate. The absence of a flag is not a finding that it is good law.

Cited by
27 opinions
Tenney, J.,

orally.—It is not denied that there is, in some cases, a protection to witnesses for words duly spoken in the course of legal proceedings. Does that protection extend to this witness under the circumstances ?

There can be no question that if a witness, taking advantage of his position, and departing from what rightfully pertains to the case, should voluntarily slander one of the parties, he would be liable. But when called upon, in the progress of a cause, and under the rules of the court, and confining himself to that which rightfully pertains to the case, he is not liable for the testimony he may give. To hold otherwise would tend to intimidate a witness and to deter from a disclosure of *447 the whole truth. He might have no means to prove his statements. He may have been robbed while alone. Should he testify to the fact, in the course of a regular trial of the offender, he would not be liable for his statement. This is a doctrine of the highest legal policy.

A witness is not supposed to know the exact line of proceeding. He is, therefore, under the direction of the court. In this case, a question was duly put to the witness, either by the court or by counsel. And it does not appear that, in his answer, he went beyond the scope of the question. If the question was put by the court, there could be no liability for answering it; if put by the plaintiff’s counsel, the plaintiff can have no ground of complaint that it was answered; if put by the defendant’s counsel, objection should have been made, and, if improper, it would have been excluded.

Nonsuit confirmed.