Legal Opinion

Kimball v. Post Publishing Co.

Massachusetts Supreme Judicial Court

Decided June 15, 1908PublishedCited by 25 opinions

Four actions op tort por libel, the first two by different plaintiffs against the Post Publishing Company and the last two by the same plaintiffs against the Boston Transcript Company. Writs dated January 17, 1903, and January 12 and September 27,1904. In the Superior Court the cases were tried together before Bishop, J. The character of the charges contained in the publications complained of is stated and described in the opinion.

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Four actions op tort por libel, the first two by different plaintiffs against the Post Publishing Company and the last two by the same plaintiffs against the Boston Transcript Company. Writs dated January 17, 1903, and January 12 and September 27,1904. In the Superior Court the cases were tried together before Bishop, J. The character of the charges contained in the publications complained of is stated and described in the opinion. The judge instructed the jury as follows: “ The questions upon which evidence has been taken before you are two: first, as to whether there was on the part of the…

1Opinion of the CourtHammond, J.

The articles of which the plaintiffs complain

contained reports of certain proceedings in court and also of a\ meeting of stockholders of a corporation called the Burrows Lighting and Heating Company.

So far as respects the report of the court proceedings the articles were privileged. This case differs materially from Cowley v. Pulsifer, 137 Mass. 392. In that case there had been no action by the court. Here the bill had been presented to the court, *250and the court had acted upon it so far as to make a special order that the defendants therein should appear and show cause why they should not be…

2Cases cited3 opinions

  1. Cowley v. PulsiferMassachusetts Supreme Judicial Court · 1884
  2. Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
  3. McBee v. FultonCourt of Appeals of Maryland · 1878

3Cited by25 opinions

  1. Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
  2. Sanford v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1945
  3. Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC.Massachusetts Supreme Judicial Court · 2010
  4. Cook v. East Shore Newspapers, Inc.Appellate Court of Illinois · 1945
  5. Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941

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