Legal Opinion

Lundin v. Post Publishing Co.

Massachusetts Supreme Judicial Court

Decided February 28, 1914PublishedCited by 27 opinions

Tort for an alleged libel published on July 24, 1912, in a newspaper issued by the defendant. Writ dated July 31, 1912. The alleged libel as set out in the declaration was as follows: “Sues for $20,000 for an Alleged Assault. Adolph S. Lundin of this city is the defendant in a suit for $20,000, filed in the office of the clerk of the Superior Court by Helen Lind, also of Boston.

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Tort for an alleged libel published on July 24, 1912, in a newspaper issued by the defendant. Writ dated July 31, 1912. The alleged libel as set out in the declaration was as follows: “Sues for $20,000 for an Alleged Assault. Adolph S. Lundin of this city is the defendant in a suit for $20,000, filed in the office of the clerk of the Superior Court by Helen Lind, also of Boston. The plaintiff alleges that on May 8, Lundin committed an assault upon her which resulted in wrenching her side, straining her back and causing other injuries which prevented her for a long time from attending to her…

1Opinion of the CourtSheldon, J.

The defendant published in its newspaper a statement that it was alleged that the plaintiff had committed an assault upon a woman named, which had resulted in stated personal injuries to her. For this publication the plaintiff had a right of action, unless it was privileged, or unless it was true, or unless for some other reason it was not libellous. The mere fact that the charge against the plaintiff was not made by direct averment but only by saying that such an allegation had been made was not material; for the statement of unfounded charges is none the less actionable that it is made only…

2Cases cited14 opinions

  1. Cowley v. PulsiferMassachusetts Supreme Judicial Court · 1884
  2. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  3. Park v. Detroit Free Press Co.Michigan Supreme Court · 1888
  4. Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
  5. Conner v. Standard Publishing Co.Massachusetts Supreme Judicial Court · 1903

9 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
  2. Sanford v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1945
  3. Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC.Massachusetts Supreme Judicial Court · 2010
  4. Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
  5. Reilly v. Associated PressMassachusetts Appeals Court · 2003

22 more not listed; retrieve them via the Exa API.

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