Legal Opinion

Gagen v. Dawley

Wisconsin Supreme Court

Decided January 11, 1916PublishedCited by 2 opinions

Appeals from an order of the municipal court of Lang-lade county: T. W. Hogaw, Judge. Action for libel. Plaintiff, James Gagen> of Indian blood ■on his mother’s side, was a candidate for the office of county treasurer of Langlade county.

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Appeals from an order of the municipal court of Lang-lade county: T. W. Hogaw, Judge. Action for libel. Plaintiff, James Gagen> of Indian blood ■on his mother’s side, was a candidate for the office of county treasurer of Langlade county. On July 24, 1914, the defendants in the Weekly News Item, a paper published in An-tigo, published of and concerning him the following: “A man who won’t pay a back subscription of several' years’ standing due to his home paper, doesn’t look to us like-a very safe man to put in as county treasurer. Eurther particulars nest week.” July 31st they published this…

1Opinion of the CourtViwje, J.

Upon defendants’ appeal no new questions are presented. The published articles were clearly libelous. Williams v. Hicks P. Co. 159 Wis. 90, 150 N. W. 183; Leuch v. Berger, 161 Wis. 564, 155 N. W. 148, and cases cited. And, as the jury .found, they unmistakably referred to plaintiff.

*155Evidence of Dawley’s financial condition was received as bearing npon the question of punitory damages. The court charged the jury that none could he assessed against him. The admission of such evidence is alleged as reversible error. There are two reasons why it is not. In the first place the court states that…

2Cases cited5 opinions

  1. Smith v. UtleyWisconsin Supreme Court · 1896
  2. Williams v. Hicks Printing Co.Wisconsin Supreme Court · 1914
  3. Earley v. WinnWisconsin Supreme Court · 1906
  4. Leuch v. BergerWisconsin Supreme Court · 1915
  5. Haskins v. LumsdenWisconsin Supreme Court · 1860

3Cited by2 opinions

  1. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
  2. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925

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