Ellis v. Brockton Publishing Co.
Massachusetts Supreme Judicial Court
Tort by a minor sixteen and a half years of age, by his next friend, against a corporation publishing the Brockton Times for the publication of an alleged libel of and concerning the plaintiff in that newspaper in Brockton on November 20, 1906. Writ dated December 17, 1906. In the Superior Court the case was tried before King, J. It appeared that the alleged libel was the story of a breaking and entering and larceny in Worcester, and that the defendant had taken the story…
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Tort by a minor sixteen and a half years of age, by his next friend, against a corporation publishing the Brockton Times for the publication of an alleged libel of and concerning the plaintiff in that newspaper in Brockton on November 20, 1906. Writ dated December 17, 1906. In the Superior Court the case was tried before King, J. It appeared that the alleged libel was the story of a breaking and entering and larceny in Worcester, and that the defendant had taken the story from the Worcester Telegram, a newspaper published in Worcester, and in doing so had changed the name of “ Harry Ellis,”…
1Opinion of the CourtRugg, J.
The question whether the article was published of and concerning the plaintiff was properly left to the jury to be determined as a fact. It is only where there is no ambiguity as to the meaning of the language used, in connection with all the attendant circumstances, that it becomes a question of law. Barrows v. Bell, 7 Gray, 301. But it has been said frequently that this is usually a question of fact. Hanson v. Globe Newspaper Co. 159 Mass. 293. The published article described the plaintiff by his right name, and it contained at least one paragraph, which concededly referred to events in his…
2Cases cited16 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Park v. Detroit Free Press Co.Michigan Supreme Court · 1888
- Scripps v. ReillyMichigan Supreme Court · 1878
- Gatzow v. BueningWisconsin Supreme Court · 1900
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Stone v. Essex County Newspapers, Inc.Massachusetts Supreme Judicial Court · 1975
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
38 more not listed; retrieve them via the Exa API.