Legal Opinion · Dissent

Julian v. Kansas City Star Co.

Supreme Court of Missouri

Decided January 27, 1908Published

Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The cause of action accrued in Jackson county where both parties resided and the alleged libel was first published. Barnard v. Boulware, 5 Mo. 454; Bankers Life Assn. v. Shelton, 84 Mo. App. 688; Tomans v. Smith, 153 N. Y. 214; Railroad v. O’Bryan, 112 Ga., 130; Ithaca Fire Dept. v. Beecher, 99 N. Y. 429; Bruill v. Ins. Co., 72 Wis. 430; Tupp v. Morin, 25 Abb. N. C. 390; Harvey v. Ins.

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Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The cause of action accrued in Jackson county where both parties resided and the alleged libel was first published. Barnard v. Boulware, 5 Mo. 454; Bankers Life Assn. v. Shelton, 84 Mo. App. 688; Tomans v. Smith, 153 N. Y. 214; Railroad v. O’Bryan, 112 Ga., 130; Ithaca Fire Dept. v. Beecher, 99 N. Y. 429; Bruill v. Ins. Co., 72 Wis. 430; Tupp v. Morin, 25 Abb. N. C. 390; Harvey v. Ins. Co., 37 W. Ya. 281; Chevrier v. Robert, 6 Mont. 319'; Anglo-Am. D. Co. v. Lombard, 132 Fed. 749. (2) All the copies of one newspaper containing…

1Dissent

DISSENTING OPINION.

GRAVES, J.

The essential facts of this case are stated in the opinion by Vauliant, J., and a repetition thereof would be at the expense of brevity, in an opinion which of necessity must be argumentative and somewhat long. We are unable to concur with our learned brother in the very scholarly and able opinion by him filed.

The newspaper, whether great or small, published by corporation or individual, which maliciously libels a citizen, whether in public or private life, should answer in adequate damages for the wrong done. On the other hand, there should not be such judicial…

2Cases cited34 opinions

  1. Harkness v. HydeSupreme Court of the United States · 1879
  2. Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
  3. Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
  4. Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
  5. Charlotte, Columbia & Augusta Railroad v. GibbesSupreme Court of the United States · 1892

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