Solverson v. Peterson
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. Action for libel. The case is sufficiently stated in the opinion. They contended, inter alia, that if it is to be understood literally the charge that the plaintiff had become a swine is not libelous, for to allege a known impossibility is not actionable.
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APPEAL from the County Court of Dodge County. Action for libel. The case is sufficiently stated in the opinion. They contended, inter alia, that if it is to be understood literally the charge that the plaintiff had become a swine is not libelous, for to allege a known impossibility is not actionable. Fen v. Dixie, Jones (W.), 444, PI. 5; Ausmcm v. Veal, 10 Ind. 355. If it is to be understood figuratively — -if the word is used in an acquired sense, then an averment by way of inducement of that acquired sense is necessary; but we have here neither averment nor innuendo. Townshend on S. & L:…
1Opinion of the CourtOetoN, J.
Tbe appellant, tbe defendant in tbe circuit court, interposed a general demui'rer to tbe complaint, wbicb was overruled. Tbe only question on this appeal is whether tbe alleged publication is bbelous. Tbe main facts stated in tbe complaint are as follows: The libelous article was published by tbe defendant of and concerning tbe plaintiff in tbe Oconomowoc local, a paper pubbsbed in Waukesha county, and in circulation in the county of Dodge, where tbe plaintiff resided, and wbicb was read and understood by many persons, and tended to expose tbe plaintiff to public ridicule, and did so expose…
2Cases cited1 opinion
- Nelson v. MusgraveSupreme Court of Missouri · 1847
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- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
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