Fenstermaker v. Tribune Publishing Co.
Utah Supreme Court
Appeal from the district court of the Third Judicial District. Hon. George W. Bartch, Judge. Action for libel by Amos Fenstermaker against the Tribune Publishing Company. From a judgment for defendant, plaintiff appeals. The complaint averred that plaintiff was one of the persons defamed, and alleged the extraneous circumstances, showing that the plaintiff was referred to, and averred that the publication was concerning the plaintiff.
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Appeal from the district court of the Third Judicial District. Hon. George W. Bartch, Judge. Action for libel by Amos Fenstermaker against the Tribune Publishing Company. From a judgment for defendant, plaintiff appeals. The complaint averred that plaintiff was one of the persons defamed, and alleged the extraneous circumstances, showing that the plaintiff was referred to, and averred that the publication was concerning the plaintiff. Not one of these circumstances or- allegations was denied. No issue of fact thereon arose, but the following cases show that each one of the Fenstermaker family…
1Opinion of the Court
King, J.:
This is an action for damages, founded upon the publication of an alleged defamatory article. Plaintiff alleges that he resides upon a ranch known as the “Box Elder Ranch,'' and is the head of the family of Fenstermaker, residing thereon, and that defendant published in its daily and weekly newspapers (which he alleges were extensively circulated), of and concerning him, the following false and defamatory matter:
“Fiend-like Act to a Child — A Little Child Turned Out into the Desert to Die — Her Rescue. One of the worst cases of cruelty ever heard of in this section of the country…
2Cases cited27 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Willover v. . HillNew York Court of Appeals · 1878
- Bissell v. CornellNew York Supreme Court · 1840
22 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Pratt v. NelsonUtah Supreme Court · 2007
- Farrell v. Triangle Publications, Inc.Supreme Court of Pennsylvania · 1960
- American Publishing Co. v. GambleTennessee Supreme Court · 1905
- Children v. ShinnSupreme Court of Iowa · 1915
- Louisville Times v. StiversCourt of Appeals of Kentucky (pre-1976) · 1934
21 more not listed; retrieve them via the Exa API.