Jones v. Register & Leader Co.

(dissenting). — I am constrained to register a dissent from the holding of the majority upon two propositions in this ease:

1st. In so far as it holds that the second count of the petition is libelous per se.

2d. In so far as the opinion holds that the court, on demurrer, may substitute itself for a jury and determine what, if any, damages the plaintiff is entitled to recover in an action for libel, where the published words are actionable per se. Or, in other words, that where a demurrer is interposed to a suit charging libel, and the publication is in and of itself libelous per se, the…