Clementson v. Minnesota Tribune Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Hooker, J., presiding, sustaining a demurrer to the complaint in an action to recover $25,000 damages for an alleged libel published in defendant’s newspaper, of which amount the sum of $5,000 was claimed (under proper averments) as special damages for injury to plaintiff’s business.
1Opinion of the Court
Mitchell, J.1
This was an action for damages for the publication of a libel in a newspaper, in which the plaintiff alleges and claims in his complaint actual, or, as they are sometimes termed, “special,” damages — that is, damages pecuniary in their nature,— and also general damages — that is, damages not pecuniary in their nature, such as to reputation, etc. The defendant interposed a general demurrer that the complaint did not state a cause of action, the ground of the objection to it being that it did not allege the service before, suit of notice on the publishers of the newspaper,…
2Cited by17 opinions
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- De Smet Insurance Co. of South Dakota v. GibsonSouth Dakota Supreme Court · 1996
- Kellerman v. City of St. PaulSupreme Court of Minnesota · 1941
- William Janklow v. Newsweek, Inc.Court of Appeals for the Eighth Circuit · 1985
- Comer v. Age Herald Publishing Co.Supreme Court of Alabama · 1907
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