Skelley v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Comity Circuit Court,' Division Number One.—Hon. Joseph D. Perkins, Judge. (1) An innuendo may be treated as surplusage where it is used in connection with words which are unequivocal and actionable per se, and where plaintiff has, in action for libel, by an innuendo, put a meaning on the alleged defamatory matter which is not supported by its language or by proof, the court may, nevertheless, submit the case to the jury, if the publication is defamatory…
Read the full summary
Appeal from Jasper Comity Circuit Court,' Division Number One.—Hon. Joseph D. Perkins, Judge. (1) An innuendo may be treated as surplusage where it is used in connection with words which are unequivocal and actionable per se, and where plaintiff has, in action for libel, by an innuendo, put a meaning on the alleged defamatory matter which is not supported by its language or by proof, the court may, nevertheless, submit the case to the jury, if the publication is defamatory per se. Callahan v. Ingram, 122 Mo. 355; Cook v. Globe Printing Co., 227 Mo. 525. (2) The word “confiscate” when used to…
1Opinion of the CourtSturgis, J.
Action for libel. No evidence was offered except by plaintiff. The court sustained a demurrer to this evidence, resulting in plaintiff’s appeal.
The pleadings and evidence may be considered together. The words charged as constituting the libel are “For 8 company fence posts at 10c confiscated by shipper, 80,” and this language is alleged to have been one item and part of a freight bill sent by the defendant for collection to the consignee of a car of walnut logs shipped by plaintiff over defendant’s railroad. The matter arose in this way: The plaintiff was engaged in shipping walnut logs and…
Also in this document: Concurrence.
2Cases cited15 opinions
- Ware v. HyltonSupreme Court of the United States · 1796
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Callahan v. IngramSupreme Court of Missouri · 1894
- Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stierle v. RohmeyerWisconsin Supreme Court · 1935
- Swafford v. MillerMissouri Court of Appeals · 1986
- Richard R. Riss, Sr. v. Ardith L. AndersonCourt of Appeals for the Eighth Circuit · 1962
- Smith v. Missouri Fidelity & Casualty Co.Missouri Court of Appeals · 1915
- Bello v. Random House, Inc.Supreme Court of Missouri · 1967
1 more not listed; retrieve them via the Exa API.