Legal Opinion
Borski v. Kochanowski
Massachusetts Appeals Court
Decided May 16, 1975PublishedCited by 11 opinions
1Opinion of the CourtGoodman, J.
In this action of tort for libel the plaintiff appealed (G. L. c. 231, § 96, prior to St. 1973, c. 1114, § 193) from orders sustaining the demurrers of the four defendants to his declaration. The demurrers rest, in effect, on the ground that the publication on which the action is based is not defamatory and that consequently the declaration fails to set out a cause of action. The demurrers were rightly sustained. Stated in terms of the new Rules of Civil Procedure, the motions to dismiss for failure to state a claim (Mass. R.Civ.P. 12 [b] [6], 365 Mass. 755 [1974]) were properly allowed and…
2Cases cited17 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Greenbelt Cooperative Publishing Assn., Inc. v. BreslerSupreme Court of the United States · 1970
- Old Dominion Branch No. 496 v. AustinSupreme Court of the United States · 1974
- Cafeteria Employees Union, Local 302 v. AngelosSupreme Court of the United States · 1943
- Charbonnier v. AmicoMassachusetts Supreme Judicial Court · 1975
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Myers v. Boston Magazine Co., Inc.Massachusetts Supreme Judicial Court · 1980
- Fabrizio v. City of QuincyMassachusetts Appeals Court · 1980
- Kipp v. KuekerMassachusetts Appeals Court · 1979
- Mihalik v. DupreyMassachusetts Appeals Court · 1981
- Gouthro v. GilgunMassachusetts Appeals Court · 1981
6 more not listed; retrieve them via the Exa API.