Legal Opinion

Cook v. Pulitzer Publishing Co.

Supreme Court of Missouri

Decided March 21, 1912PublishedCited by 27 opinions

Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) Tlie article complained of does not impute to plaintiff a crime, and, therefore, it is not libelous per se; and, as the petition contains no allegation that any special damages were caused thereby, the article is not libelous in any sense. The petition, therefore, states no cause of action and the court should have taken the case from the jury. Heller v. Pub.

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Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) Tlie article complained of does not impute to plaintiff a crime, and, therefore, it is not libelous per se; and, as the petition contains no allegation that any special damages were caused thereby, the article is not libelous in any sense. The petition, therefore, states no cause of action and the court should have taken the case from the jury. Heller v. Pub. Co., 153 Mo. 205; Ukman v. Record, 189 Mo. 378; Greenwood v. Colby, 26 Neb. 449; Herrington v. Ingberg, 97 N. "W. 460; O’Neill v. Star Co., 106 N. Y. Supp. 973;…

1Opinion of the CourtKennish, P. J.

— This is an appeal from a judgment in an action for libel. The suit was brought in the circuit court of Cole county. On the application of the' defendant a change of venue was awarded to *335the circuit court of Boone county, where, upon a trial, at the January term, 1906, a verdict was returned in favor of plaintiff for fifty thousand- dollars, twenty-five thousand as compensatory damages and a like sum as punitive damages. Judgment was rendered accordingly and defendant appealed to this court.

By way of inducement and colloquium it is alleged in the petition substantially that'plaintiff held…

2Cases cited20 opinions

  1. Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
  2. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
  3. Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
  4. Christal v. CraigSupreme Court of Missouri · 1883
  5. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903

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3Cited by27 opinions

  1. Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1958
  2. Sidis v. FR Pub. CorporationCourt of Appeals for the Second Circuit · 1940
  3. Henry v. HalliburtonSupreme Court of Missouri · 1985
  4. Hyde v. City of ColumbiaMissouri Court of Appeals · 1982
  5. Langworthy v. Pulitzer Publishing CompanySupreme Court of Missouri · 1963

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