
    Forrest Sanborn vs. Warren C. Gerald.
    Kennebec.
    Opinion February 4, 1898.
    
      Slander. Evidence. Burden of Proof.
    
    In an action for slander, where the defendant justifies the supposed slander as true, it is error to charge the jury that the defendant must satisfy them by a preponderance of the evidence by clear and convincing proof that the 'words were actually true in order to exonerate himself from liability for having uttered them.
    
      French v. Day, 89 Maine, 441, affirmed.
    On Exceptions by Defendant.
    This was an action on the case for slander and tried to a jury of the Superior Court for Kennebec county, who returned a verdict for the plaintiff. The defendant took exceptions to the charge to the jury as appears in the opinion.
    
      W. 0. Philbrooh, for plaintiff.
    
      S'. S. and F. F. Brown, for defendant.
    Sitting: Peters, C. J., Foster, Haskell, Wiswell, Strout, Savage, JJ. '
   Haskell, J.

Upon the trial the defendant justified the speaking of words charged to be slanderous as true. The presiding justice charged the jury: “Now the burden of this branch of the case is upon the defendant. He must satisfy you by a preponderance of the evidence by clear and convincing proof that the words were actually true in order to exonerate himself from liability for having uttered them.”

Exceptions were sustained to the rule above given in a case from the same court in French v. Day, 89 Maine, 441. The opinion in that case disposes of this one.

Exceptions sustained.  