The Volokh Conspiracy - Our Litigious Society, in 1884 Montreal:

Thanks to Sasha for the translation, from Lebeau v. Turcot, 7 Legal News 259 (1884) (emphasis added):

Whereas the plaintiff demands of the defendant damages in the amount of $199, by reason of the injury that he alleges was done to him last December 23 by the defendant, who, in charge of taking the collection in the church of the parish of St. Laurent, intentionally and maliciously [allegedly] passed the plaintiff's pew without soliciting the donation of the latter, present at the time, and did so with the goal of insulting and mortifying said plaintiff, and after having told several people ahead of time that he would act in this way with respect to him, in the goal of humiliating him;

Whereas the defendant pleads: 1st That he was fulfilling in the circumstance a voluntary and gratuitous function and, as a result, was not held to address himself to the plaintiff for the said collection, and that as a consequence, the latter has no recourse against him; 2nd That if he thus passed the plaintiff this was only by inattention and without malice; but that the plaintiff who, around last November, dismissed the defendant from his service, without plausible motive, and who was sued by him, has retained against the defendant a resentment and a bad will which have driven him on several occasions to turn his back to the said defendant, when the latter presented himself at his pew for the collection; and that this bad will of the plaintiff is the sole motivation of his current demand;

Considering that the plaintiff has proved the allegations of his demand, and notably that it was with a deliberate aim and with the intention to offend and humiliate the plaintiff that the defendant passed his pew in the abovementioned occasion; that he had even boasted in advance of what he was going to do and that he called the attention of several people to it, at the very moment of the collection, and that after the service he laughed about it and [triumphantly celebrated] with several persons;

Considering that although the defendant fulfills in this circumstance a gratuitous and voluntary service, he is held to acquit himself of it with an equal politeness to all parishioners and cannot, by voluntary omissions, single some out to the mockery of others;

Considering, however, that though the conduct of the defendant, in the abovementioned circumstance, was reprehensible and that he could not escape unpunished, the proven facts justify however only a light condemnation;

Rejects the exceptions and defenses of the defendant and condemns him to pay to the plaintiff, by way of damages, the sum of [$5], and the expenses of an action of this class, costs, etc.

	[Eugene Volokh, July 24, 2008 at 6:29pm] Trackbacks Our Litigious Society, in 1884 Montreal: Thanks to Sasha for the translation, from Lebeau v. Turcot, 7 Legal News 259 (1884) (emphasis added): Whereas the plaintiff demands of the defendant damages in the amount of $199, by reason of the injury that he alleges was done to him last December 23 by the defendant, who, in charge of taking the collection in the church of the parish of St. Laurent, intentionally and maliciously [allegedly] passed the plaintiff's pew without soliciting the donation of the latter, present at the time, and did so with the goal of insulting and mortifying said plaintiff, and after having told several people ahead of time that he would act in this way with respect to him, in the goal of humiliating him; Whereas the defendant pleads: 1st That he was fulfilling in the circumstance a voluntary and gratuitous function and, as a result, was not held to address himself to the plaintiff for the said collection, and that as a consequence, the latter has no recourse against him; 2nd That if he thus passed the plaintiff this was only by inattention and without malice; but that the plaintiff who, around last November, dismissed the defendant from his service, without plausible motive, and who was sued by him, has retained against the defendant a resentment and a bad will which have driven him on several occasions to turn his back to the said defendant, when the latter presented himself at his pew for the collection; and that this bad will of the plaintiff is the sole motivation of his current demand; Considering that the plaintiff has proved the allegations of his demand, and notably that it was with a deliberate aim and with the intention to offend and humiliate the plaintiff that the defendant passed his pew in the abovementioned occasion; that he had even boasted in advance of what he was going to do and that he called the attention of several people to it, at the very moment of the collection, and that after the service he laughed about it and [triumphantly celebrated] with several persons; Considering that although the defendant fulfills in this circumstance a gratuitous and voluntary service, he is held to acquit himself of it with an equal politeness to all parishioners and cannot, by voluntary omissions, single some out to the mockery of others; Considering, however, that though the conduct of the defendant, in the abovementioned circumstance, was reprehensible and that he could not escape unpunished, the proven facts justify however only a light condemnation; Rejects the exceptions and defenses of the defendant and condemns him to pay to the plaintiff, by way of damages, the sum of [$5], and the expenses of an action of this class, costs, etc.