Duquesne Distributing Co. v. Greenbaum
Court of Appeals of Kentucky
CASE 24. — ACTION BY DUQUESNE DISTRIBUTING CO; AGAINST JOSEPH GREENBAUM AND ANOTHER ■FOR SLANDER. Appeal from Jefferson Circuit Court (Common Pleas Branch., Second Division). • Thos. R. Gordon, Judge. From a judgment of dismissal on demurrer to the petition the plaintiff appeals. POINTS AND AUTHORITIES. 1. A joint action against two or more for slander cannot be maintained.
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CASE 24. — ACTION BY DUQUESNE DISTRIBUTING CO; AGAINST JOSEPH GREENBAUM AND ANOTHER ■FOR SLANDER. Appeal from Jefferson Circuit Court (Common Pleas Branch., Second Division). • Thos. R. Gordon, Judge. From a judgment of dismissal on demurrer to the petition the plaintiff appeals. POINTS AND AUTHORITIES. 1. A joint action against two or more for slander cannot be maintained. Webb v. Cecil & Vaughn, 9 B. M. 198 Townsend on Slander & Libel, Sec. 118 and note. 2. To hold the principal liable for the slanderous utterances of his agents or servants, there must have been express authority or a…
1Opinion of the Court
Opinion op the court by
Judge Carroll
Affirming.
*184In this action for slander by appellants against the appellees a demurrer was sustained to.the petition as amended, and the petition dismissed; so that the only question we are called upon to consider is whether or not the petition as amended stated a cause of action.
'It averred, in substance: That the Duquesne Distributing Company is a corporation engaged in the manufacture and sale of an aperient water known by the trade-name as “Red-Raven,” sometimes known as “Red Raven Splits,” which product had been extensively advertised by the plaintiff at…
2Cases cited8 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Sawyer v. RailroadSupreme Court of North Carolina · 1906
- Pennsylvania Iron Works Co. v. Vogt Machine Co.Court of Appeals of Kentucky · 1906
- Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
- Rivers v. Yazoo & Mississippi RailroadMississippi Supreme Court · 1907
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- Southern Ice Co. v. BlackTennessee Supreme Court · 1916
- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
- Young v. North East Coal Co.Court of Appeals of Kentucky · 1922
- J. J. Newberry Co. v. FaulconerCourt of Appeals of Kentucky (pre-1976) · 1933
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