Duvivier v. French
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The action in the court below was in case for damages growing out of the publication of an alleged libel. The declaration is as follows: “A. Devin Duvivier, "plaintiff in this suit, by his attorney, Kenesaw M. Landis, complains of Florence French and Musical Courier Company, a corporation, etc., defendants, of a plea of trespass on the case.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The action in the court below was in case for damages growing out of the publication of an alleged libel. The declaration is as follows: “A. Devin Duvivier, "plaintiff in this suit, by his attorney, Kenesaw M. Landis, complains of Florence French and Musical Courier Company, a corporation, etc., defendants, of a plea of trespass on the case. “For that the said plaintiff is a subject of Her Brittanic Majesty, the Queen of England, and the said defendant, Florence French, is a…
1Opinion of the Court 1
After the foregoing statement of the case,
2Opinion of the Court · G-BosscupG-Bosscup, Circuit Judge
The gravamen of an action for libel is not injury to the plaintiff’s feelings, but damage to his reputation in the eyes of others. It is not sufficient, therefore, that the plaintiff should understand himself to be referred to in the article. It is necessary, to constitute libel, that others than the plaintiff should be in a position to understand that the plaintiff is the person referred to.
The article upon which the action in the court below was based, stripped of innuendos, and of averments in the way of inducement, is as follows:
“Curiosity led me…
3Cases cited1 opinion
- McLaughlin v. FisherIllinois Supreme Court · 1890
4Cited by6 opinions
- John v. Tribune CompanyIllinois Supreme Court · 1962
- Coffey v. MacKayAppellate Court of Illinois · 1972
- Voris v. Street & Smith PublicationsAppellate Court of Illinois · 1947
- Byrne v. News Corp.Missouri Court of Appeals · 1916
- Northrop v. TibblesCourt of Appeals for the Seventh Circuit · 1914
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