Comer v. Louisville
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before I-Ion. Charles A. Senn. Action by B. B. Comer against the Louisville & Nashville Railroad Company and others, for libel. The facts are similar to those in the case of Comer v. Age-Herald Co./ next above. From a judgment sustaining demurrers to the complaint, plaintiff appeals. The publication was libelous per se.— Iron- Age Pub.
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Appeal from Birmingham City Court. Heard before I-Ion. Charles A. Senn. Action by B. B. Comer against the Louisville & Nashville Railroad Company and others, for libel. The facts are similar to those in the case of Comer v. Age-Herald Co./ next above. From a judgment sustaining demurrers to the complaint, plaintiff appeals. The publication was libelous per se.— Iron- Age Pub. Co. v. Crudup, 85 Ala. 519; Ivey v. Pioneer Co.. 118 Ala. 319; "SV afford- v. Meeks, 129 Ala. 349; 13 A. & E. Ency. of Law, 295-6 and note. The special act of Feb. 20, 1899, has no application other than to publishers of…
1Opinion of the CourtSimpson, J.
This Avas an action for damages for the publication of a libel; one count alleging the publication in the Age-Herald, and another that the same article Avas published in the Ledger, both newspapers published in Birmingham, Ala. Demurrers were interposed to the complaint as amended, AAdiich were sustained by the court. The plaintiff declined to plead further or amend, and judgment was rendered for the defendant.
*624The first question raised by the demurrers, and argued by appellant, is whether or not that part of the act of February 20, 1899, amending section 1441 of the Code of 1896 with regard…
2Cases cited4 opinions
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Iron Age Publishing Co. v. CrudupSupreme Court of Alabama · 1888
- Williams v. Smith.Supreme Court of North Carolina · 1904
- Ivey v. Pioneer Savings & Loan Co.Supreme Court of Alabama · 1896
3Cited by8 opinions
- Pridonoff v. BalokovichCalifornia Supreme Court · 1951
- Farr v. BramblettCalifornia Court of Appeal · 1955
- Field Research Corp. v. Superior CourtCalifornia Supreme Court · 1969
- Starks v. ComerSupreme Court of Alabama · 1914
- Davies v. BossertDistrict Court of Appeal of Florida · 1984
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