Hurley v. Fall River Daily Herald Publishing Co.
Massachusetts Supreme Judicial Court
Two actions OE tort. The declaration in each case alleged that, on December 27, 1883, the defendant caused to be published in a newspaper called the Fall River Daily Herald, published by the defendant, a false and malicious libel concerning the plaintiff, as follows: “Was his a ‘graveyard’ case? Suspicions aroused by the recent death of John F. Downing. — The father’s story. — The death of John F. Downing, who was buried on Tuesday, has revived the matter of graveyard…
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Two actions OE tort. The declaration in each case alleged that, on December 27, 1883, the defendant caused to be published in a newspaper called the Fall River Daily Herald, published by the defendant, a false and malicious libel concerning the plaintiff, as follows: “Was his a ‘graveyard’ case? Suspicions aroused by the recent death of John F. Downing. — The father’s story. — The death of John F. Downing, who was buried on Tuesday, has revived the matter of graveyard insurance. It is reported that several men had policies on his life, knowing when they were issued that he was suffering from…
1Opinion of the CourtHolmes, J.
The averment in each declaration, that the alleged libel was published concerning the plaintiff, is sufficient to identify the W. J. Hurley and Patrick Gillan mentioned in the publication with William J. Hurley and Patrick Gillan, the plaintiffs, respectively. Chenery v. Goodrich, 98 Mass. 224. If, therefore, a charge is made in that publication against the Hurley and Gillan mentioned there, which is libellous on its face, the plaintiffs have a good cause of action to that extent. We say to that extent, for words that do not necessarily refer to Hurley or Gillan are not within the scope of…
2Cases cited1 opinion
- Chenery v. GoodrichMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Haynes v. Clinton Printing Co.Massachusetts Supreme Judicial Court · 1897
- Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
- Maloof v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1940
- Dow v. LongMassachusetts Supreme Judicial Court · 1906