Legal Opinion · Concurrence

Norton v. Cooley

Indiana Court of Appeals

Decided April 15, 1970No. 569A80Published

1Concurrence

Concurring Opinion

White, J.

The evidence most favorable to appellee as correctly summarized in the opinion by Presiding Justice *520Hoffman is sufficient to prove that plaintiff-appellee was libeled and thereby damaged to such an extent that the sum awarded to him is not excessive. Therefore, I am happy to concur.

My only purpose in writing this opinion is to make it clear that even if the complaint had not made “the proper aver-ments, inducement, colloquium and innuendo”, we would not have reversed for error in overruling the demurrer to the complaint.

Burns Ind. Stat. Ann. (1968 Repl.) § 2-1013…

2Cases cited7 opinions

  1. Bedwell v. DeboltIndiana Supreme Court · 1943
  2. Morgan Clark v. MillsapCalifornia Supreme Court · 1926
  3. Prudential Insurance Co. of America v. RitcheyIndiana Supreme Court · 1918
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. RushtonIndiana Court of Appeals · 1925
  5. Lane v. GugsellIndiana Court of Appeals · 1943

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