Diener v. Star-Chronicle Publishing Co.
Supreme Court of Missouri
Appeal from St. Louis City. Circuit Court — Hon. Chas. G. Allen, Judge. (1) Where the words complained of as libelous are susceptible of two meanings, one harmless and the other defamatory, the jury must determine in which sense the readers may have understood them. Constitution, art. 2, sec. 14; Julian v. Star Co., 209 Mo. 35; McGinnis v. Knapp, 109 Mo. 131; Caruth y. Richardson, 96 Mo. 190 ; Johnson v. Dispatch- Co., 2 Mo.
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Appeal from St. Louis City. Circuit Court — Hon. Chas. G. Allen, Judge. (1) Where the words complained of as libelous are susceptible of two meanings, one harmless and the other defamatory, the jury must determine in which sense the readers may have understood them. Constitution, art. 2, sec. 14; Julian v. Star Co., 209 Mo. 35; McGinnis v. Knapp, 109 Mo. 131; Caruth y. Richardson, 96 Mo. 190 ; Johnson v. Dispatch- Co., 2 Mo. App. 569; Feder v. Herrick, 43 N. J. L. 24; Publishing Co. v. Jones, 83 Tex. 302; Odger’s Libel and Slander, secs. 23, 306. (2) The amended petition states a cause of…
1Opinion of the CourtLamm, J.
—Tort for libel. Cast on demurrer
to his original petition, plaintiff plead over. Cast on demurrer to his amended petition, he stood, refused to plead over, suffered judgment, filed a motion for a new trial, excepted to the order overruling the same, had his bill of exceptions settled, allowed, and filed, and came up1 on appeal.
The amended petition reads:
“Now comes Joseph Diener, plaintiff in the above entitled cause, files this amended petition, and for his cause of action states that the defendant, Star-Chronicle Publishing Company, is and was at all times hereinafter mentioned, a…
2Cases cited9 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- Houtz v. HellmanSupreme Court of Missouri · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Barber v. Time, Inc.Supreme Court of Missouri · 1942
- James Turntine v. Charles PetersonCourt of Appeals for the Eighth Circuit · 2020
- Dyer v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1964
- Jacobs v. Transcontinental & Western Air, Inc.Supreme Court of Missouri · 1948
- Griffin v. Opinion Publishing Co.Montana Supreme Court · 1943
60 more not listed; retrieve them via the Exa API.