Chaloner v. Washington Post Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on demurrer to the declaration in an action for libel, the plaintiff electing not to amend. The Court in the opinion stated the facts as follows: This is an action for damages for libel, brought in the supreme court of the District of Columbia by appellant, John A. Chaloner, plaintiff below, against the appellee, the Washington Post Company.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on demurrer to the declaration in an action for libel, the plaintiff electing not to amend. The Court in the opinion stated the facts as follows: This is an action for damages for libel, brought in the supreme court of the District of Columbia by appellant, John A. Chaloner, plaintiff below, against the appellee, the Washington Post Company. The declaration is in the usual form in libel. After setting forth in its inducement the good reputation of plaintiff, and alleging the attempt of…
1Opinion of the CourtJustice Van Orsdel
It is unnecessary to consider the averments of the declaration relating to special damage; The only question presented by the demurrer is whether the language of the publication is libelous per se. The demurrer admits the allegations of the declaration only in so far as it tests the actionable quality of the words used. It therefore admits the charge of falsity, publication, and malice, and the correctness of the innuendoes alleged, unless they attribute a meaning to the words which is not justified by the words themselves, or by extrinsic facts with which they are connected.
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2Cases cited5 opinions
- Haynes v. Clinton Printing Co.Massachusetts Supreme Judicial Court · 1897
- Thompson v. Lewiston Daily Sun Publishing Co.Supreme Judicial Court of Maine · 1898
- Emerson v. MillerSupreme Court of Iowa · 1902
- Shockey v. McCauleyCourt of Appeals of Maryland · 1905
- Thompson v. BarkleySupreme Court of Pennsylvania · 1856
3Cited by8 opinions
- Moss v. StockardDistrict of Columbia Court of Appeals · 1990
- Guilford Transportation Industries, Inc. v. WilnerDistrict of Columbia Court of Appeals · 2000
- Phillips v. Evening Star Newspaper Co.District of Columbia Court of Appeals · 1980
- Johnson v. Johnson Publishing Co.District of Columbia Court of Appeals · 1970
- McBride v. Merrell Dow and Pharmaceuticals, Inc.District Court, District of Columbia · 1982
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