Van Lonkhuyzen v. Daily News Co.
Michigan Supreme Court
Error to Kent; Perkins, J. Case by John Van Lonkhuyzen against the Daily News Company for libel. Judgment for defendant. Plaintiff brings error.
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Error to Kent; Perkins, J. Case by John Van Lonkhuyzen against the Daily News Company for libel. Judgment for defendant. Plaintiff brings error. Upon a former trial of this cause, a judgment for the defendant, entered upon a verdict directed for defendant, was reversed and a new trial granted. 195 Mich. 283. There are two special defenses of which notice was given, one, justification, that— “The statements contained in the article entitled ‘Playing with Fire’ published by defendant in the Grand Rapids News on July 2, 1915, and alleged in plaintiffs declaration to be libelous, are true”;…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). The considerable reference which has been made in the foregoing statements to the points presented upon the former appeal and to the opinion delivered is made partly because of- the use made in the briefs and in the opinion of the words justified and justifiable, partly to show the theories of counsel presented on the first appeal, and partly because it is a contention now made by counsel for plaintiff that this court, by its opinion, left to be determined upon a new trial (upon the same facts) only the question of damages, while the counsel for defendant say that…
2Cases cited4 opinions
- McAllister v. Detroit Free Press Co.Michigan Supreme Court · 1889
- Gott v. PulsiferMassachusetts Supreme Judicial Court · 1877
- Bee Publishing Co. v. ShieldsNebraska Supreme Court · 1903
- Dowling v. LivingstoneMichigan Supreme Court · 1896
3Cited by9 opinions
- Meyer v. HubbellMichigan Court of Appeals · 1982
- Michigan United Conservation Clubs v. CBS NewsDistrict Court, W.D. Michigan · 1980
- Fortney v. StephanMichigan Supreme Court · 1927
- England v. Daily Gazette CompanyWest Virginia Supreme Court · 1958
- Cole v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
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