Webb v. Gray
Supreme Court of Alabama
Appeal from Anniston. City Conrt. Heard before Hon. Thomas W. Coleman, Jr. Action by Era Gray against Ed. J. Webb for damages for libel and slander. Judgment for plaintiff, and' defendant appeals.
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Appeal from Anniston. City Conrt. Heard before Hon. Thomas W. Coleman, Jr. Action by Era Gray against Ed. J. Webb for damages for libel and slander. Judgment for plaintiff, and' defendant appeals. The original complaint contained four counts, charging the defendant with falsely and maliciously speaking of and concerning the plaintiff, an unmarried woman, in the presence of divers persons, words set out, thereby imputing to her a want of chastity; the words and inferences being stated to be that she had had sexual intercourse with Jim Lockridge. The fifth and sixth counts were later added by…
1Opinion of the CourtAnderson, J.
Charge A, given at the plaintiff’s request, was directed at defendant’s plea of justifica*413tion, and was not objectionable for assuming the existence of damages to tbe plaintiff because of the defamation, for the reason that in actions of libel and slander it is not necessary that the plaintiff either allege or prove any special damage. The words charged in this case are actionable per se (Code of 1907, § 3748), and it is settled that, “if the defamatory charge is actionable per.se, the plaintiff is entitled to at least some damages; the law presuming damages.” — 25 Cyc. pp. 453, 531, 539.…
2Cases cited11 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Upton v. HumeOregon Supreme Court · 1893
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Hereford v. CombsSupreme Court of Alabama · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Tanner v. EbboleCourt of Civil Appeals of Alabama · 2011
- Nations v. HarrisSupreme Court of Alabama · 1926
6 more not listed; retrieve them via the Exa API.