Legal Opinion

Rodgers v. Kline

Mississippi Supreme Court

Decided April 15, 1879PublishedCited by 14 opinions

ERROR to the Circuit Court of Warren County. Hon. U. M. Young, Judge. This is an action for libel brought by John D. Kline against the publishers of the Vicksburg Herald, a newspaper published in the city of Vicksburg. The plaintiff claimed damages to the amount of $25,000. The jury rendered a verdict in his favor for $500, and to the judgment thereon the defendants sued out a writ of error.

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ERROR to the Circuit Court of Warren County. Hon. U. M. Young, Judge. This is an action for libel brought by John D. Kline against the publishers of the Vicksburg Herald, a newspaper published in the city of Vicksburg. The plaintiff claimed damages to the amount of $25,000. The jury rendered a verdict in his favor for $500, and to the judgment thereon the defendants sued out a writ of error. The language charged to be libel-lous, the assignments of error in the trial,, and the. other material facts of the case are stated in the opinion of the court. 1. As to whether any given words are…

1Opinion of the CourtGeorge, C. J.

The language alleged to be libellous is as follows: “The accident of Miss Chisholm’s death, caused by malpractice, and not by her slight wound, adds tenfold to the deplorable consequences.”

This simple sentence is found in an article of a column in length, published in the Vicksburg Herald in May, 1877. The article is headed, “ Rash Southerners and Philanthropic Northerners,” and contains but one other reference to Miss Chisholm’s death, in which it is stated to have been “accidental, from gangrene.” It is clear, from a perusal of the whole article, that it was no part of the object and…

2Cases cited3 opinions

  1. Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
  2. Binns v. StokesMississippi Supreme Court · 1854
  3. King v. WoodruffSupreme Court of Connecticut · 1854

3Cited by14 opinions

  1. State v. BaldwinSupreme Court of Kansas · 1886
  2. Estate of PillsburyCalifornia Supreme Court · 1917
  3. Witherspoon v. State Ex Rel. WestMississippi Supreme Court · 1925
  4. Interstate Co. v. GarnettMississippi Supreme Court · 1929
  5. Natchez Times Publishing Co. v. DuniganMississippi Supreme Court · 1954

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