Sherin v. Eastwood
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Erank McNulty, Judge. Action by A. Sherin against George H. Eastwood and another. Judgment for defendants, and plaintiff appeals. An article is slanderous per se that charges that an attorney had received a public whipping at the hands of a woman, and that he had brought it about because of alleged insults and slanders offered to the woman who had been a former client.
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Appeal from Circuit Court, Codington County. Hon. Erank McNulty, Judge. Action by A. Sherin against George H. Eastwood and another. Judgment for defendants, and plaintiff appeals. An article is slanderous per se that charges that an attorney had received a public whipping at the hands of a woman, and that he had brought it about because of alleged insults and slanders offered to the woman who had been a former client. Where a complaint in libel pleads charges libelous per se, plaintiff, to- establish a prima facie -case, need not 'prove either, the falsity of the charges or that he has…
1Opinion of the CourtWhiting, J.
This action was brought to recover damages which plaintiff claims to have suffered from defendants’ publication in a newspaper of certain articles alleged to> be libelous. The The cause was tried before the court and a jury; the plaintiff having offered his testimony and rested his case, the defendants asked the court to direct a verdict in itheir favor. This motion was granted, and a verdict was returned in favor of the defendants. Upon this verdict judgment was rendered, and, a motion for new trial having been denied, the plaintiff has appealed to this court from such judgment and order…
2Cases cited4 opinions
- McDermott v. Union Credit Co.Supreme Court of Minnesota · 1899
- Walker v. San Antonio Light Publishing Co.Court of Appeals of Texas · 1902
- Barron v. SmithSouth Dakota Supreme Court · 1904
- Williams v. DavenportSupreme Court of Minnesota · 1890
3Cited by5 opinions
- Landstrom v. ThorpeCourt of Appeals for the Eighth Circuit · 1951
- Adams v. ScottSouth Dakota Supreme Court · 1914
- Niblo v. EdeSouth Dakota Supreme Court · 1915
- Fendrich v. LauckSouth Dakota Supreme Court · 1981
- Fendrich v. LauckSouth Dakota Supreme Court · 1981