Lick v. Owen
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. ' The defendants were the editors, publishers, and proprietors of the San Jose' Daily Mercury, published at San José, county of Santa Clara, and, on the twenty-sixth day of April, 1870, published in the same the following article: “Mb. Lick Interviewed.—Local items being somewhat scarce, yesterday, we dispatched ‘one of ours’ to interview our millionaire fellow-citizen, Mr. James Lick.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. ' The defendants were the editors, publishers, and proprietors of the San Jose' Daily Mercury, published at San José, county of Santa Clara, and, on the twenty-sixth day of April, 1870, published in the same the following article: “Mb. Lick Interviewed.—Local items being somewhat scarce, yesterday, we dispatched ‘one of ours’ to interview our millionaire fellow-citizen, Mr. James Lick. It was rather of a delicate if not dangerous mission; but, luckily, he found the gentleman in a communicative mood, and the…
1Opinion of the Court
By the Court, Crockett, J.:
The defendants, being the publishers and proprietors of a newspaper, permitted to be published therein an article concerning the plaintiff, which is claimed to be libelous. The action is for damages for the publication of the alleged libel. The answer admits the publication, but does not aver its truth, and alleges that it was published as a mere pleasantry, and without malice. It further avers that, as soon as practicable, the defendants published in the same newspaper a full retraction and explanation of the offensive article, and denies that the plaintiff…
2Cases cited1 opinion
- Wilson v. FitchCalifornia Supreme Court · 1871
3Cited by19 opinions
- Block v. Sacramento Clinical Labs, Inc.California Court of Appeal · 1982
- Schomberg v. WalkerCalifornia Supreme Court · 1901
- Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Tonini v. CevascoCalifornia Supreme Court · 1896
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