Lowe v. News Publishing Co.
Court of Appeals of Georgia
Action for libel; from city court of Brunswick — Judge Kiauss, May 10, 1910. The first publication complained of was a newspaper article charging the plaintiff, a policeman of the city of Brunswick, with having shot and killed a child’s pet dog in the street while the child was begging him not to kill it and was trying to catch the dog and carry it hack into the yard from which it had just escaped.
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Action for libel; from city court of Brunswick — Judge Kiauss, May 10, 1910. The first publication complained of was a newspaper article charging the plaintiff, a policeman of the city of Brunswick, with having shot and killed a child’s pet dog in the street while the child was begging him not to kill it and was trying to catch the dog and carry it hack into the yard from which it had just escaped. The article referred to the killing as a “horrible affair,” and stated, in substance, that although the clog was not muzzled, and an ordinance of the city made it the duty of the police officers to…
1Opinion of the CourtRussell, J.
1. The plaintiff proved his case as -laid, and it was therefore error to award a nonsuit.
2. According to the evidence introduced in behalf of the plaintiff, the original publication was libelous, and, instead of being explained, modified, or corrected, it was followed by another issue of the paper, which contained an aggravation of the libel.
3. It was unnecessary to prove that the newspapers which the plaintiff put in evidence were those referred to in the petition, or to have introduced them at all. The defendant in its answer admitted the publication of the article which the plaintiff…
2Cited by12 opinions
- Montgomery v. Pacific & Southern Co.Court of Appeals of Georgia · 1974
- Davis v. MacOn Telegraph Publishing Co.Court of Appeals of Georgia · 1956
- Horton v. Georgian Co.Supreme Court of Georgia · 1932
- Warner Bros. Pictures Inc. v. StanleyCourt of Appeals of Georgia · 1937
- Barwick v. WindSupreme Court of Georgia · 1948
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