Warner v. Missouri Pac. Ry. Co.
U.S. Circuit Court for the District of Western Tennessee
Actions at Law for Libel. On demurrer to declarations.
1Opinion of the CourtHammond, J.
It has not been doubted that on the merits of these demurrers they should be sustained, if we are to consider fair and reasonable inferences to be drawn from the facts stated in the declarations. The difficulty has been one of pleading and essential distinctions between that -which may be decided in actions of libel on demurrer, as questions of law, and that which only can be decided on issue joined and upon the evidence offered or admitted at the trial.
These are suits against three associated corporations, which we may now treat as one, for an alleged libel by the publication of a letter set…
2Cases cited7 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- White v. NichollsSupreme Court of the United States · 1845
- Bank v. Bowdre Bros.Tennessee Supreme Court · 1893
- Saunders v. BaxterTennessee Supreme Court · 1871
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3Cited by2 opinions
- Dupont Engineering Co. v. Nashville Banner Pub. Co.District Court, M.D. Tennessee · 1925
- Columbus Railway, Power & Light Co. v. HarrisonOhio Supreme Court · 1924