Haynes v. Clinton Printing Co.
Massachusetts Supreme Judicial Court
Tort, for alleged libels, contained in two articles printed on July 3 and October 22, 1896, respectively, in a newspaper owned and published by the defendant in Clinton. The declaration, as amended, contained four counts, numbered sixth, seventh, eighth, and ninth. The defendant demurred to the declaration, assigning various grounds of demurrer.
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Tort, for alleged libels, contained in two articles printed on July 3 and October 22, 1896, respectively, in a newspaper owned and published by the defendant in Clinton. The declaration, as amended, contained four counts, numbered sixth, seventh, eighth, and ninth. The defendant demurred to the declaration, assigning various grounds of demurrer. In the Superior Court, Hardy, J. sustained the demurrer, and ordered judgment for the defendant; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
A libel does not need the categorical certainty of an indictment at common law. An insinuation may be as actionable as a direct statement, and nothing is better settled than that a defendant cannot escape liability merely by putting the insinuation or statement into the mouth of somebody else. Hurley v. Fall River Daily Herald Publishing Co. 138 Mass. 334, 336. Stevens v. Hartwell, 11 Met. 542, 549, 550. Watkins v. Hall, L. R. 3 Q. B. 396. Odgers, Libel & Slander, (2d ed.) 166, 266, 267, 313. The cases cited by the defendant to show that words of mere suspicion are not actionable are cases of…
2Cases cited5 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fry v. BennettThe Superior Court of New York City · 1851
- Kraus v. Sentinel Co.Wisconsin Supreme Court · 1884
- Hurley v. Fall River Daily Herald Publishing Co.Massachusetts Supreme Judicial Court · 1885
3Cited by30 opinions
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
- Leers v. GreenSupreme Court of New Jersey · 1957
- Merrill v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1908
- Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
- Poland v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1953
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