Burt v. Advertiser Newspaper Co.
Massachusetts Supreme Judicial Court
Tort, for alleged libels, contained in articles published in January and February, 1889, in successive issues of the Boston Daily Advertiser. .The declaration was in four counts.
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Tort, for alleged libels, contained in articles published in January and February, 1889, in successive issues of the Boston Daily Advertiser. .The declaration was in four counts. The first article, which was referred to in the first count, and was entitled “ A Plague Spot,” contained the following: “ It is surprising how the New York press has rallied unitedly about the frauds which, at that custom-house, cheat the government out of from ten million dollars to thirty million dollars annually. It is not surprising in the Evening Post, whose close relation with the Burts is understood. One Burt…
1Opinion of the CourtHolmes, J.
In this case there must be a new trial. We shall state the grounds on which we come to this conclusion, and shall discuss such of the rulings as dealt with questions which are likely to come up again. Some matters not likely to recur we shall pass over. The first question which we shall consider is raised by the presiding judge’s refusal to rule that the articles were privileged. The requests referred to each article as a whole. Each article contained direct and indirect allegations of fact touching the plaintiff, and highly detrimental to him, charging him with being a party to alleged…
2Cases cited13 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Negley v. FarrowCourt of Appeals of Maryland · 1883
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Hatfield v. . LasherNew York Court of Appeals · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by142 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- White v. Blue Cross & Blue Shield of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 2004
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
137 more not listed; retrieve them via the Exa API.