Legal Opinion

Rocky Mountain News Printing Co. v. Fridborn

Supreme Court of Colorado

Decided September 15, 1909No. 5493PublishedCited by 11 opinions

Appeal from Denver District Court — Hon. P. L. Palmer, Judge. The complaint alleges that the plaintiff is unmarried, and of the age of seventeen years. That the defendant corporation is the publisher of The •Rocky Mountain News, a newspaper of large circulation.

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Appeal from Denver District Court — Hon. P. L. Palmer, Judge. The complaint alleges that the plaintiff is unmarried, and of the age of seventeen years. That the defendant corporation is the publisher of The •Rocky Mountain News, a newspaper of large circulation. That in said newspaper, on July 24, 1902, the defendant maliciously published of and concerning the plaintiff, the following false and defamatory article, to wit: “Miss Fridborn a Mother. — Florence Fridborn, the girl who was assaulted by an unknown man in North Denver last New Year’s eve, became a mother yesterday.” That by reason of…

1Opinion of the CourtJustice White

The appellant contends that the judgment should *446be reversed for various reasons, but we deem it necessary to consider, only, those relating to the action of the court in sustaining the demurrer to the second defense, ánd the striking out certain parts of defendant’s answer.

The demurrer, to the second defense, was based upon the ground that it did not state facts sufficient to constitute a defense, and that the matters therein set forth were immaterial and irrelevant.

Directing our attention to the defense demurred to we find that, while some of the allegations therein are legal conclusions,…

2Cases cited5 opinions

  1. Williams v. WilliamsSupreme Court of Colorado · 1894
  2. French v. DeaneSupreme Court of Colorado · 1894
  3. Fawsett v. ClarkCourt of Appeals of Maryland · 1878
  4. Dedway v. PowellCourt of Appeals of Kentucky · 1868
  5. Egan v. SemradWisconsin Supreme Court · 1902

3Cited by11 opinions

  1. Afro-American Publishing Co., Inc. v. Eli Jaffe, T/a Douglas PharmacyCourt of Appeals for the D.C. Circuit · 1966
  2. Sunward Corp. v. Dun & Bradstreet, Inc.Court of Appeals for the Tenth Circuit · 1987
  3. Gomba v. McLaughlinSupreme Court of Colorado · 1972
  4. Knapp v. Post Printing & Publishing Co.Supreme Court of Colorado · 1943
  5. Fry v. LeeColorado Court of Appeals · 2013

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