Lemmer v. "Tribune"
Montana Supreme Court
Appeal from District Court, Cascade County; H. EL. Ewing, Judge. Action by Prank Lemmer against the “Tribune” and John A. Curry. Prom a judgment of dismissal, plaintiff appeals. In interpreting an alleged libelous publication the court will construe it in its ordinary and popular sense, and will read it exactly as in a newspaper out of court.
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Appeal from District Court, Cascade County; H. EL. Ewing, Judge. Action by Prank Lemmer against the “Tribune” and John A. Curry. Prom a judgment of dismissal, plaintiff appeals. In interpreting an alleged libelous publication the court will construe it in its ordinary and popular sense, and will read it exactly as in a newspaper out of court. The vice of a libel consists in the injury it inflicts upon the character, the feelings and the business of the person concerning whom it is published. Manifestly, this will depend upon the interpretation that is placed upon it by the persons who read…
1Opinion of the CourtJustice Sanner
Action for libel. The complaint is in two counts. The first count charges that on December 24, 1913, in the Great Falls “Tribune,” the defendants published of and concerning the plaintiff the following false and unprivileged matter, to-wit: “Some months ago there was quite a sensation sprung in this city when Frank Lemmer, a taxidermist, died from an overdose of morphine which he had secured at a drug-store on the prescription of a local doctor whom it was claimed had written the prescription for $1 when asked for it by a man who was an entire stranger to him. The man who got the prescription…
2Cases cited6 opinions
- Harris v. ZanoneCalifornia Supreme Court · 1892
- Howard v. . SextonNew York Court of Appeals · 1850
- Brown v. Independent Publishing Co.Montana Supreme Court · 1914
- Cooper v. RomneyMontana Supreme Court · 1914
- Ledlie v. WallenMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Manley v. HarerMontana Supreme Court · 1925
- Gough v. Tribune-Journal Co.Idaho Supreme Court · 1952
- Miller Insurance Agency v. Home Fire & Marine InsuranceMontana Supreme Court · 1935
- Wainman v. BowlerMontana Supreme Court · 1978
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
7 more not listed; retrieve them via the Exa API.