Kenworthy v. Journal Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — -Now. Hermann Brutnbaok, Judge. (1) The court committed error in refusing the demurrers to the evidence, offered at the close of plaintiff’s evidence and at the close of all the evidence, because there was.no cause of action proven against the defendant. 2 Starkie on Slander, 661; 1 Jaggard on Torts, 484; Odgers on Libel and Slander, p.. 127; Caruth v. Richeson, 96 Mo. 186; Creceliue v. Bierman, 59 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — -Now. Hermann Brutnbaok, Judge. (1) The court committed error in refusing the demurrers to the evidence, offered at the close of plaintiff’s evidence and at the close of all the evidence, because there was.no cause of action proven against the defendant. 2 Starkie on Slander, 661; 1 Jaggard on Torts, 484; Odgers on Libel and Slander, p.. 127; Caruth v. Richeson, 96 Mo. 186; Creceliue v. Bierman, 59 Mo. App. 513; Leonard v. Allen, 11 Cush. 241 (Mass.) ; Smart v. Blanchard, 42 N. H. 147; Harvey v. Coffin, 5 Blackford 566; Jones v. Davers, 1 C. R. 496, case…
1DissentEllison, J.
(dissenting). — I look upon the decision of the majority as so harmful in its consequences that I am compelled to dissent. After stating that a suit for personal injury had been prosecuted against the Metropolitan Street Railway Company of Kansas City, and that one Ellis was a witness therein against the company ; that he had been arrested for perjury and had confessed that hig story of the accident was made up, the material portions of the article complained of are as follows:
“When the case was called March 18, 1903, these witnesses appeared and claimed one day’s attendance: Mrs. Lizzie…
2Cases cited17 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
12 more not listed; retrieve them via the Exa API.