Poston v. Washington, Alexandria, & Mt. Vernon Railroad
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of the District of Columbia, on demurrer to a declaration in an action of libel, the plaintiff declining to amend. The Court in the opinion stated the facts as follows: This is an action by Phil D. Poston against the Washington,. Alexandria, & Mount Vernon Railway Company, and Robert A. Chester, to recover damages for the publication of a libel.
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Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of the District of Columbia, on demurrer to a declaration in an action of libel, the plaintiff declining to amend. The Court in the opinion stated the facts as follows: This is an action by Phil D. Poston against the Washington,. Alexandria, & Mount Vernon Railway Company, and Robert A. Chester, to recover damages for the publication of a libel. Plaintiff’s amended declaration alleged substantially that he was a resident of Fairfax county, Virginia, engaged in business in the District of Columbia, and had frequent…
1Opinion of the CourtChief Justice Shepard
1. Evidently the demurrer was sustained on the ground that the publication was privileged as the report of a judicial pro*367ceeding, and it is to that point that the argument has been chiefly directed.
If not privileged, it is clear that the publication is libelous and actionable. Whether it substantially charges plaintiff with the crime of false swearing, as claimed, we need not pause to determine; for it is plain that it tends to bring him into ridicule, contempt, and disgrace, and therefore furnishes sufficient foundation for the action. Bailey v. Holland, 7 App. D. C. 184-189; Washington…
2Cases cited6 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- United States v. HillU.S. Circuit Court for the District of Virginia · 1809
- Rector v. SmithSupreme Court of Iowa · 1860
- Collins v. StateSupreme Court of Florida · 1869
- Laird v. StateCourt of Appeals of Maryland · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Application of United Electrical, Radio & M. WorkersDistrict Court, S.D. New York · 1953
- In Re Report & Recommendation of June 5, 1972 Grand Jury Concerning Transmission of Evidence to the House of RepresentativesDistrict Court, District of Columbia · 1974
- Gearhart v. WSAZ, Inc.District Court, E.D. Kentucky · 1957
- Fletcher v. Evening Star Newspaper Co.Court of Appeals for the D.C. Circuit · 1940
- Bowling v. SinnetteKentucky Supreme Court · 1984
5 more not listed; retrieve them via the Exa API.