Fogg v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for an alleged libel contained in the following words : “ Alleged Ticket Swindle. A Boston man charged with swindling a poor woman. (Special despatch to the Herald.) New York, May 8, 1885. Catherine Egan, of Kansas City, cried bitterly at Castle Garden to-day, as she told how she had been swindled. ■ She made affidavit that she went to Boston to get her two children, who had just landed.
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Tort for an alleged libel contained in the following words : “ Alleged Ticket Swindle. A Boston man charged with swindling a poor woman. (Special despatch to the Herald.) New York, May 8, 1885. Catherine Egan, of Kansas City, cried bitterly at Castle Garden to-day, as she told how she had been swindled. ■ She made affidavit that she went to Boston to get her two children, who had just landed. Mr. Fogg, of 272 Washington Street, she said, sold her two tickets to Chicago for sixteen dollars. They proved to be one-dollar tickets sold by the Pennsylvania Railroad some months ago, and are now…
1Opinion of the CourtKnowlton, J.
A corporation is liable in damages for the publication of a libel, as it is for its other torts. Whitfield v. South Eastern Railway, El., Bl. & El. 115. Philadelphia, Wilmington, Baltimore Railroad v. Quigley, 21 How. 202. Samuels v. Evening Mail Association, 75 N. Y. 604, following the dissenting opinion in 9 Hun, 294. To establish its liability, the publication must be shown to have been made by its authority, or to have been ratified by it, or to have been made by one of its servants or agents in the course of the business in which he was employed.
In the present case, we think there was…
2Cases cited7 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Samuels v. . Evening Mail AssociationNew York Court of Appeals · 1878
- Hawes v. KnowlesMassachusetts Supreme Judicial Court · 1874
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3Cited by25 opinions
- Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
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