Aldrich v. Press Printing Co.
Supreme Court of Minnesota
APPEAR ERGi; THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellant. • I. The criticisms, comments or charges in a public journal upon a public officer or upon the official conduct of one while in office, and who is ag'ain a candidate for high official preferment, even where they impute the commission of a public offence, are quasi privileged, and not, as in ordinary cases, presumed to be malicious.
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APPEAR ERGi; THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellant. • I. The criticisms, comments or charges in a public journal upon a public officer or upon the official conduct of one while in office, and who is ag'ain a candidate for high official preferment, even where they impute the commission of a public offence, are quasi privileged, and not, as in ordinary cases, presumed to be malicious. Hence, in an action for libel against the publisher of a public journal, founded upon such criticisms, comments or charges, express malice must not only he averred hut proved;…
1Opinion of the Court
By the Court
Flandrau, J.
This is an action for a libel brought by the Plaintiff against the Defendant, a corporation, for the publication of libelous matter in a newspaper published by the Defendant. The complaint is demurred to upon the ground that the matter charged as libelous was a privileged or quasi privileged communcation, which, to be libelous, must have been published with express malice, and without probable cause, and that the Defendant is a corporation, and consequently incapable of the commission of an offence depending upon sentiment or passion such as malice.
Theoretically a…
2Cited by15 opinions
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Upton v. HumeOregon Supreme Court · 1893
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