Tawney v. Simonson, Whitcomb & Hurley Co.
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $10,000 damages for libel published in The Evening Tribune, a newspaper published in the city of Albert Lea, and generally circulated within that city and within the Eirst congressional district of Minnesota, from which district plaintiff was elected member of the national house of representatives.
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Action in the district court for Freeborn county to recover $10,000 damages for libel published in The Evening Tribune, a newspaper published in the city of Albert Lea, and generally circulated within that city and within the Eirst congressional district of Minnesota, from which district plaintiff was elected member of the national house of representatives. So far as material here, the history of this case is as follows: The complaint of plaintiff and appellant set forth that the defendant and respondent, publishers of a newspaper in general circulátion, published “of and concerning this…
1Opinion of the CourtJaggard, J.
(after stating the facts not within [ ] as above).
1. The initial question is whether the trial court erred in holding that as a matter of law the words used were not libelous per se.
A number of relevant principles are beyond controversy. Published words may be defamatory per se; that is, defamatory without proof of special damage. As to what constitutes such words, Mr. Justice Mitchell said, in Byram v. Aiken, 65 Minn. 87, 67 N. W. 807: “Written publications calculated to expose one to public contempt or ridicule, and thus induce an ill opinion of him, and impair him in the good opinion and…
2Cases cited23 opinions
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Hebner v. Great Northern Railway Co.Supreme Court of Minnesota · 1899
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Riley v. LeeCourt of Appeals of Kentucky · 1889
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Julian Toney v. Wcco Television, Midwest Cable and Satellite, Inc., Also Known as Wcco Tv, Channel 4, Also Known as Iowcco Tv, Channel 411Court of Appeals for the Eighth Circuit · 1996
- Phipps v. Clark Oil & Refining Corp.Court of Appeals of Minnesota · 1987
- Friedell v. Blakely Printing Co.Supreme Court of Minnesota · 1925
- Hardenbergh v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1952
- Maidman v. Jewish Publications, Inc.California Supreme Court · 1960
18 more not listed; retrieve them via the Exa API.