Herrick v. Evening Express Publishing Co.
Supreme Judicial Court of Maine
On exceptions by. defendant. This is an action on the case to recover damages by reason of the publication in a newspaper published by the defendant, of the portrait of Nathan C. Herrick, of Washburn, son of the plaintiff, in connection with a sketch reciting and concerning the death of Nathan C. Herrick of Mechanic Falls, the son of the plaintiff at the time of said publication being over-seas in the Army of the United States.
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On exceptions by. defendant. This is an action on the case to recover damages by reason of the publication in a newspaper published by the defendant, of the portrait of Nathan C. Herrick, of Washburn, son of the plaintiff, in connection with a sketch reciting and concerning the death of Nathan C. Herrick of Mechanic Falls, the son of the plaintiff at the time of said publication being over-seas in the Army of the United States. At the return term of said action defendant filed a general demurrer, which was overruled by the presiding Justice, and defendant filed exceptions. Case stated in the…
1Opinion of the CourtMorrill, J.
Defendant’s general demurrer to the declaration was overruled, and the case is before us upon exceptions to that ruling.
The material facts alleged in the declaration may be succinctly stated thus: On August 5, 1918, the plaintiff was living, and engaged in business, in Washburn, Aroostook County; she was the mother of Nathan C. Herrick, who on that date was serving in the American Expeditionary Forces over-seas. The defendant is the publisher of a daily paper in Portland, called “Evening-Express Advertiser;” in the issue of that paper of said fifth day of August, under the heading of “Boy…
2Cases cited5 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1891
- Summerfield v. Western Union Telegraph Co.Wisconsin Supreme Court · 1894
- Smith v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1899
3Cited by16 opinions
- Vicnire v. Ford Motor Credit Co.Supreme Judicial Court of Maine · 1979
- Culbert v. Sampson's Supermarkets Inc.Supreme Judicial Court of Maine · 1982
- Gammon v. Osteopathic Hospital of Maine, Inc.Supreme Judicial Court of Maine · 1987
- Wallace v. Coca-Cola Bottling Plants, Inc.Supreme Judicial Court of Maine · 1970
- Petition of the United States of America as Owner of the United States Coast Guard Vessel Cg-95321, for Exoneration From or Limitation of Liability. United States of America, David J. Grant, AdministratorCourt of Appeals for the First Circuit · 1969
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