Cook v. Pulitzer Publishing Co.
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) Tlie article complained of does not impute to plaintiff a crime, and, therefore, it is not libelous per se; and, as the petition contains no allegation that any special damages were caused thereby, the article is not libelous in any sense. The petition, therefore, states no cause of action and the court should have taken the case from the jury. Heller v. Pub.
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Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) Tlie article complained of does not impute to plaintiff a crime, and, therefore, it is not libelous per se; and, as the petition contains no allegation that any special damages were caused thereby, the article is not libelous in any sense. The petition, therefore, states no cause of action and the court should have taken the case from the jury. Heller v. Pub. Co., 153 Mo. 205; Ukman v. Record, 189 Mo. 378; Greenwood v. Colby, 26 Neb. 449; Herrington v. Ingberg, 97 N. "W. 460; O’Neill v. Star Co., 106 N. Y. Supp. 973;…
1Opinion
ON MOTION FOR REHEARING.
KENNISH, J.
— Because of the insistence of distinguished counsel for respondent as to the correctness of their contention, we have deemed it proper to review the more important points urged in support of the motion for a rehearing.
The publication complained of consisted of two parts: alleged facts, and comments thereon. Both the facts and the comment relate to the official acts of a public officer. That fact is disclosed by plaintiff’s petition. One of the defenses was that the article, being a fair comment upon a matter of public interest, was protected by a qualified…
2Cases cited24 opinions
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
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