Bishop v. Journal Newspaper Co.
Massachusetts Supreme Judicial Court
Tort, for publishing “ a false and malicious libel of and concerning the plaintiff,” consisting of an article in the Boston Journal, published by the defendant on February 12, 1894, which contained a picture of the plaintiff, and was entitled “ All by the Ears,” and had the following head-lines: “ Pretty Mrs. Howe upsets Megan tic Club, — Dr. Heber Bishop indignant at what he hears in New York.”
Read the full summary
Tort, for publishing “ a false and malicious libel of and concerning the plaintiff,” consisting of an article in the Boston Journal, published by the defendant on February 12, 1894, which contained a picture of the plaintiff, and was entitled “ All by the Ears,” and had the following head-lines: “ Pretty Mrs. Howe upsets Megan tic Club, — Dr. Heber Bishop indignant at what he hears in New York.” The article began as follows: “ There is a good-sized earthquake on in the Megan tic Fish and Game Club. The first volcanic outburst occurred in New York on Saturday while Dr. Heber Bishop, of Boston,…
1Opinion of the CourtMorton, J.
We think that the article clearly was defamatory. Even if it did not impute adultery to the plaintiff, it tended to subject him to public ridicule and to charge him with misconduct, and to impair his reputation and standing in the *332community, and was therefore libellous. If it did impute adultery, as the jury might have found that it did, it was still more libellous. It cannot be regarded as a vindication of the plaintiff, even if we assume that a publisher of a newspaper may print a libellous statement for the purpose of pronouncing it false. The fact that a libel may not be believed does not…
2Cases cited3 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Marble v. ChapinMassachusetts Supreme Judicial Court · 1882
- Beal v. Lowell & Dracut Street Railway Co.Massachusetts Supreme Judicial Court · 1892
3Cited by18 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- Merrill v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1908
- Allen v. KiddMassachusetts Supreme Judicial Court · 1908
13 more not listed; retrieve them via the Exa API.