Legal Opinion

Choctaw Coal & Mining Co. v. Lillich

Supreme Court of Alabama

Decided October 21, 1920No. 6 Div. 117PublishedCited by 20 opinions

Appeal from Circuit Court, Walker County ; J. J. -Curtis, Judge. Action for damages for libel and slander by John Lillich against tbe Choctaw Coal & Mining Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeal?, under section 6, p. 449, Acts 1911. The complaint contains six counts, the first, fifth, and sixth of which went to the jury.

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Appeal from Circuit Court, Walker County ; J. J. -Curtis, Judge. Action for damages for libel and slander by John Lillich against tbe Choctaw Coal & Mining Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeal?, under section 6, p. 449, Acts 1911. The complaint contains six counts, the first, fifth, and sixth of which went to the jury. Count 1 alleges defamation of plaintiff by defendant corporation by charging him with being “a slacker” in the alternative by written or spoken words. Count 5 alleges a defamation of plaintiff by defendant by publishing of…

1Opinion of the CourtSomerville, J.

The undisputed evidence shows, that a typewritten sheet containing a list of the names of coal miners who did not report for work on the preceding day was each day posted on a board at the mouth of the mines operated by the defendant company; that on or about July 18, 1918, such a list was so posted by an agent of the operating company under the caption “Employees not working July 18th,” and in the list was the name of the plaintiff; that one Verg West, who was defendant’s assistant superintendent, thereupon wrote on said board, with chalk or paint, above the paper sheet the words “List of…

2Cases cited5 opinions

  1. Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
  2. Penry v. DozierSupreme Court of Alabama · 1909
  3. Pennsylvania Iron Works Co. v. Vogt Machine Co.Court of Appeals of Kentucky · 1906
  4. Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
  5. Southern Express Co. v. FitznerMississippi Supreme Court · 1882

3Cited by20 opinions

  1. Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
  2. Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
  3. Hargrove v. Oklahoma Press Pub. Co.Supreme Court of Oklahoma · 1928
  4. Tidmore v. MillsAlabama Court of Appeals · 1947
  5. Liquire Ins. Co. v. ParkerSupreme Court of Alabama · 1941

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