Iron Age Publishing Co. v. Crudup
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried, before the Hon. H. A. Sharpe. This action was brought by Joseph L. Crudup, against the appellant, as the owner and publisher of a newspaper in the city of Birmingham, called the Birmingham Age, to recover damages for the publication of an alleged libel of and concerning him, which, as set out in the complaint, was in these words: “Crudup’s clutch on his friends, which caused them to trust him, and get left.
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Appeal from tbe City Court of Birmingham. Tried, before the Hon. H. A. Sharpe. This action was brought by Joseph L. Crudup, against the appellant, as the owner and publisher of a newspaper in the city of Birmingham, called the Birmingham Age, to recover damages for the publication of an alleged libel of and concerning him, which, as set out in the complaint, was in these words: “Crudup’s clutch on his friends, which caused them to trust him, and get left. Joe Crudup, who occupied the position of shipping clerk for the firm of Wimberly & Malone, has left the city under a cloud. He has been a…
1Opinion of the CourtClopton, J.
The single question in this case, which is an action for libel, arises on a demurrer to the complaint. The ground of demurrer is, that the publication set forth in the complaint is not libellous per sc, and no special damages are averred.
A material distinction between verbal and written slander has been long settled, and uniformly maintained, though eminent jurists have been disposed to consider it as not well founded in reason and principle. Many charges are actionable, when written or printed, which are not, when merely spoken. When the words are spoken, and do not impute an indictable…
2Cases cited3 opinions
- Bridge v. AustinMassachusetts Supreme Judicial Court · 1808
- Trimble v. AndersonSupreme Court of Alabama · 1885
- Henderson v. HaleSupreme Court of Alabama · 1851
3Cited by21 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Manley v. HarerMontana Supreme Court · 1925
- McGraw v. ThomasonSupreme Court of Alabama · 1957
- Bowling v. PowSupreme Court of Alabama · 1974
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