Legal Opinion

Memphis Telephone Co. v. Cumberland Telephone & Telegraph Co.

Court of Appeals for the Sixth Circuit

Decided June 11, 1906No. 1,458PublishedCited by 21 opinions

In Error to the Circuit Court of the United States for the Western District of Tennessee.

1Opinion of the Court

RICHARDS, Circuit Judge.

This action was brought by the Memphis Telephone Company, the plaintiff, against the Cumberland Telephone & Telegraph Company, the defendant, for a series of alleged libelous publications made in the Commercial Appeal, a Memphis newspaper, from January 11 to May 5, 1902. A demurrer to the declaration was sustained and the suit dismissed, on the ground that the publications were not libelous per se, and no special damages were averred.

The declaration avers that the plaintiff is a corporation organized to construct and operate a telephone exchange in Memphis, and that…

2Cases cited5 opinions

  1. Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
  2. Fry v. McCord Bros.Tennessee Supreme Court · 1895
  3. Sanford v. PoeCourt of Appeals for the Sixth Circuit · 1895
  4. Cunningham v. UnderwoodCourt of Appeals for the Sixth Circuit · 1902
  5. McLoughlin v. American Circular Loom Co.Court of Appeals for the First Circuit · 1903

3Cited by21 opinions

  1. Stones River Motors, Inc. v. Mid-South Publishing Co.Court of Appeals of Tennessee · 1983
  2. Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
  3. National Refining Co. v. Benzo Gas Motor Fuel Co.Court of Appeals for the Eighth Circuit · 1927
  4. Life Printing & Publishing Co. v. FieldAppellate Court of Illinois · 1944
  5. McWhorter v. BarreCourt of Appeals of Tennessee · 2003

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