Montgomery v. New Era Printing Co.
Supreme Court of Pennsylvania
Appeal, No. 82, Jan. T., 1909, by plaintiff, from order of C. P. Lancaster Co., Nov. T., 1907, No. 13, refusing to take off nonsuit in case of C. Eugene Montgomery v. James D. Landis, B. S. Shindle et al., trading as the New Era Printing Company. Before Fell, C. J., Brown, Mestrezat, Potter, Elkin and Moschzisker, JJ. Trespass to recover damages for the publication of an alleged libelous article. Before Hassler, J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 82, Jan. T., 1909, by plaintiff, from order of C. P. Lancaster Co., Nov. T., 1907, No. 13, refusing to take off nonsuit in case of C. Eugene Montgomery v. James D. Landis, B. S. Shindle et al., trading as the New Era Printing Company. Before Fell, C. J., Brown, Mestrezat, Potter, Elkin and Moschzisker, JJ. Trespass to recover damages for the publication of an alleged libelous article. Before Hassler, J. The facts appear in the opinion of the Supreme Court. Error assigned was the refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In entering judgment of compulsory nonsuit in this case, we think the trial judge took for granted the existence of certain facts of which no evidence appears in the record. It was proven by the plaintiff that he was an attorney at law, practicing at the Lancaster county bar, and that the alleged libelous articles were published and largely circulated in the county. In the articles in question the plaintiff was charged with presenting a bill twice for the same services in the same case. The articles therefore imputed dishonest and dishonorable action to the…
2Cases cited6 opinions
- Conroy v. Pittsburgh TimesSupreme Court of Pennsylvania · 1891
- Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
- Barr v. MooreSupreme Court of Pennsylvania · 1878
- Wallace v. JamesonSupreme Court of Pennsylvania · 1897
- Bruce v. ReedSupreme Court of Pennsylvania · 1883
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3Cited by20 opinions
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Boyer v. Pitt Publishing CompanySupreme Court of Pennsylvania · 1936
- Bausewine v. Norristown Herald, Inc.Supreme Court of Pennsylvania · 1945
- O'Donnell v. Philadelphia Record Co.Supreme Court of Pennsylvania · 1946
- Williams v. Kroger Grocery & Baking Co.Supreme Court of Pennsylvania · 1939
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