Washington Times Co. v. Downey
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment upon a verdict of a jury in an action of libel. The Court in the opinion stated the case as follows: The appellee, Johanna Downey, as plaintiff below, began this action against the Washington Times Company to recover damages incurred through a libelous publication in the Evening Times, a newspaper printed and circulated by that company in the city of Washington on October 1, 1902. The declaration sets out the defamatory…
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Hearing on an appeal by the defendant from a judgment upon a verdict of a jury in an action of libel. The Court in the opinion stated the case as follows: The appellee, Johanna Downey, as plaintiff below, began this action against the Washington Times Company to recover damages incurred through a libelous publication in the Evening Times, a newspaper printed and circulated by that company in the city of Washington on October 1, 1902. The declaration sets out the defamatory and libelous article so published, which is entitled “Prayers Asked for Johanna’s Removal. Queer Petition to Trinity…
1Opinion of the CourtChief Justice Shepard
The first assignment of error is founded on the exceptions taken to the admission of evidence tending to show mental suffering resulting from the publication complained of, as well as to the charge submitting the same as an element of damage to be considered by the jury.
1. The general proposition that mental suffering shown to be the natural and direct result of defamatory words spoken or published in writing or print constitutes an element of recoverable damages seems to be supported by the great weight of authority. Markham v. Russell, 12 Allen, 573, 90 Am. Dec. 169; Marble v. Chapin, 132…
2Cases cited15 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Turner v. HearstCalifornia Supreme Court · 1896
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Clements v. MaloneySupreme Court of Missouri · 1874
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3Cited by7 opinions
- Afro-American Publishing Co., Inc. v. Eli Jaffe, T/a Douglas PharmacyCourt of Appeals for the D.C. Circuit · 1966
- Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
- Bernstein v. National Broadcasting CompanyDistrict Court, District of Columbia · 1955
- Lane v. Washington Daily NewsCourt of Appeals for the D.C. Circuit · 1936
- Murphy v. Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2006
2 more not listed; retrieve them via the Exa API.