Bigney v. Van Benthuysen
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Itightor, J. 1. The defendant, being president of several city railroads, is considered, iu law, a public man, and not a private citizen. Odgers on Libel, -10. 2. That in all matters < f public interest, tlie press, to a certain extent, is privileged to comment frcely'npon the nets of public persons, and it is its duty to do so.
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APPEAL from the Civil District Court for the Parish of Orleans. Itightor, J. 1. The defendant, being president of several city railroads, is considered, iu law, a public man, and not a private citizen. Odgers on Libel, -10. 2. That in all matters < f public interest, tlie press, to a certain extent, is privileged to comment frcely'npon the nets of public persons, and it is its duty to do so. Odgers, 40; Local Affairs, 40; Townshend on Libel, 441, 442; Eolklinrds Stnrkie, Sees. 678, 080, 087. 3. That a libel is an offense which may be punished by fine and imprisonment; that slander is not…
1Opinion of the Court
The opinion of the Court was delivered by
MANNING, J.
This case presents the novel spectacle of an editor of a. newspaper suing another newspaiier for a defamatory publication. Its incongrnonsncss was so palpable that the claim against the defendant newspaper seems to have been abandoned, and the trial was had with its co-defendant alone.
The plaintiff is the editor of the “ City Item.” The action is for a lihel, based tipon the publication of a card in the “States” of January 23, 1882, and the damages are laid at $25,000. The jury returned a verdict of $4,750. The card is as follows:
M. IP.…
2Cases cited1 opinion
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by7 opinions
- Otero v. EwingSupreme Court of Louisiana · 1926
- Clark v. McBaineSupreme Court of Missouri · 1923
- Bloom v. CrescioniSupreme Court of Louisiana · 1903
- Pellifigue v. JudiceSupreme Court of Louisiana · 1923
- Kenner v. MilnerLouisiana Court of Appeal · 1940
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