Gray v. Times Newspaper Co.
Supreme Court of Minnesota
From an order of tbe district court for Hennepin county, Lancaster, J, denying a motion for a new trial after directing a verdict for defendant, plaintiff appealed. If the article is not libelous, G. S. 1894, § 5417, is not required for a defense. If the article is libelous, the statute prevents recovery of damages and thereby conflicts with the constitution. In brief, if the article causes no general damage, the statute is of no effect, for there is no cause of action.
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From an order of tbe district court for Hennepin county, Lancaster, J, denying a motion for a new trial after directing a verdict for defendant, plaintiff appealed. If the article is not libelous, G. S. 1894, § 5417, is not required for a defense. If the article is libelous, the statute prevents recovery of damages and thereby conflicts with the constitution. In brief, if the article causes no general damage, the statute is of no effect, for there is no cause of action. If the article causes damage, it prevents the remedy secured by the' constitution. If the statute amounts to nothing, there…
1Opinion of the CourtStart, C. J.
The defendant is the proprietor and publisher of the Minneapolis *455Times, a daily newspaper hereinafter designated as the “Times,” and this is an action for publishing therein a libel of the plaintiff.
The record discloses substantially these facts: The plaintiff, James E. Gray, a young man of good reputation, about 10 o’clock on the evening of August 10, 1897, was riding his bicycle along the boulevard near Lake Calhoun, in the city of Minneapolis, when he was stopped by two men waiting by the roadside, holding wheels, who shot him through the arm, knocked him senseless, robbed him of his money…
2Cases cited1 opinion
- Allen v. Pioneer-Press Co.Supreme Court of Minnesota · 1889
3Cited by11 opinions
- Roth v. . News Co.Supreme Court of North Carolina · 1940
- Clancy v. Daily News CorporationSupreme Court of Minnesota · 1938
- Roth v. Greensboro News Co.Supreme Court of North Carolina · 1940
- Thorson v. Albert Lea Publishing Co.Supreme Court of Minnesota · 1933
- Siano v. HelveringDistrict Court, D. New Jersey · 1936
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