Watters & Son v. Retail Clerks Union No. 479
Supreme Court of Georgia
Action for libel. Before Judge Henry. Floyd superior court. January 26, 1904. The action was by the firm of J. B. Watters & Son against the Eetail Clerks Union No. 479, the Central Labor Union, and others.
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Action for libel. Before Judge Henry. Floyd superior court. January 26, 1904. The action was by the firm of J. B. Watters & Son against the Eetail Clerks Union No. 479, the Central Labor Union, and others. From the petition it appeared, that in May, 1903, there was published in a newspaper of Eome, Georgia, a communication as follows: “For some years past it has been the custom of leading merchants of this city to close their various places of business at 6 o’clock p. m. during the hot summer months. They have done this believing that it was to the mutual interest of themselves and their…
1Opinion of the CourtLamar, J.
Where it is necessary to allege special damages in order to set out a cause of action, the particular loss or injury must be distinctly stated, the ad damnum clause, that the plaintiff had been damaged $25,000, not being the equivalent of such an averment. Pollard v. Lyon, 91 U. S. 225. In view of this well-recognized rule, and the assignment of error on the judge’s order, the present case does not raise any question as to defendants’ liability for a conspiracy. Brown v. Jacobs Co., 115 Ga. 433; 3 Joyce on Damages, § 2231. Even after a special demurrer calling attention to the omission, there…
2Cases cited7 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Brown & Allen v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1902
- Donaghue v. GaffySupreme Court of Connecticut · 1885
- White v. Parks & Co.Supreme Court of Georgia · 1894
- Homer v. EngelhardtMassachusetts Supreme Judicial Court · 1875
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3Cited by15 opinions
- Emde v. San Joaquin County Central Labor CouncilCalifornia Supreme Court · 1943
- Park & Tilford Import Corp. v. International Brotherhood of TeamstersCalifornia Supreme Court · 1946
- Southeastern Newspapers Inc. v. WalkerCourt of Appeals of Georgia · 1947
- Blossom Dairy Co. v. International Brotherhood of TeamstersWest Virginia Supreme Court · 1942
- Ajouelo v. Auto-Soler Co.Court of Appeals of Georgia · 1939
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