Ohio & M. Ry. Co. v. Press Pub. Co.
U.S. Circuit Court for the District of Southern New York
At Law. On motion for judgment on demurrer. Action by the Ohio & Mississippi Railway Company against the Press Publishing Company for libel. Defendant demurred to the complaint, on the ground that “it appears on the face of the complaint that the said complaint does not state facts sufficient to constitute a cause of action.” Plaintiff moved for judgment on the demurrer as frivolous.
1Opinion of the Court
. Lacombe, Circuit Judge.
The demurrant has wholly mistaken the cause of action set forth in the complaint. Defendant’s publication is not declared upon as a “libel on a thing.” A corporation, though an artificial person, may maintain an action for libel; certainly for language concerning it in the trade or occupation which it carries on. Insurance Co. v. Perrine, 23 N. J. Law, 402; Mutual Reserve Fund Life Ass’n v. Spectator Co., 50 N. Y. Super. Ct. 460; Omnibus Co. v. Hawkins, 4 Hurl. & N. 87, 146; Bank v. Thompson, 18 Abb. Pr. 413. It is elementary law that every legal occupation from which…
2Cases cited1 opinion
- Shoe & Leather Bank v. ThompsonNew York Supreme Court · 1865
3Cited by14 opinions
- National Refining Co. v. Benzo Gas Motor Fuel Co.Court of Appeals for the Eighth Circuit · 1927
- Fowler v. Curtis Publishing Co.Court of Appeals for the D.C. Circuit · 1950
- Maytag Co. v. Meadows Mfg. Co.Court of Appeals for the Seventh Circuit · 1930
- Spence v. JohnsonSupreme Court of Georgia · 1914
- Dupont Engineering Co. v. Nashville Banner Pub. Co.District Court, M.D. Tennessee · 1925
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