Legal Opinion

Sheftall v. Central of Georgia Railway Co.

Supreme Court of Georgia

Decided August 2, 1905PublishedCited by 51 opinions

Action of libel. Before Judge Hodges. City court of Macon. November 29, 1904. Sheftall brought his action against the railway company for libel. The petition alleged, in substance, as follows : On November 9, 1902, the plaintiff was discharged from the service of the defendant as a passenger conductor, because of a mistake as to an order. His application for reinstatement was pending until January 3, 1903, when it was finally refused.

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Action of libel. Before Judge Hodges. City court of Macon. November 29, 1904. Sheftall brought his action against the railway company for libel. The petition alleged, in substance, as follows : On November 9, 1902, the plaintiff was discharged from the service of the defendant as a passenger conductor, because of a mistake as to an order. His application for reinstatement was pending until January 3, 1903, when it was finally refused. When the plaintiff was discharged he had in his possession certain mileage and exchange tickets and sleeping-car and parlor-car tickets which were unused and…

1Opinion of the CourtCobb, J.

1-5. Statements made with the bona fide intent, on the part of the person making them, to protect his own interest in a matter where it is concerned are under the law privileged communications. Civil Code, § 3840. The privilege .thus given by the law must not be used as a cloak for venting malice; and if the statement is not made in good faith, in promotion of the object for which the privilege is granted, the party defamed has a right of action. Civil Code, § 3841. The statement must be no broader than the interest to be subserved demands. The persons to whom the statement is published must…

2Cases cited1 opinion

  1. Holmes v. ClisbySupreme Court of Georgia · 1903

3Cited by51 opinions

  1. Coleman v. MacLennanSupreme Court of Kansas · 1908
  2. Jack T. Hammer v. Edward L. Slater, Loretta Slater, Herbert Jaffess, Renee JaffessCourt of Appeals for the Eleventh Circuit · 1994
  3. Earl v. Times-Mirror Co.California Supreme Court · 1921
  4. Hayes v. IrwinDistrict Court, N.D. Georgia · 1982
  5. Cohen v. HartlageCourt of Appeals of Georgia · 1986

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