Legal Opinion

Dow v. Long

Massachusetts Supreme Judicial Court

Decided January 4, 1906PublishedCited by 11 opinions

Tort for alleged libel in the publication of three different articles which appeared on May 29, 1904, in the same edition of the Lowell Sunday Telegram, a newspaper owned and published by the defendant.

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Tort for alleged libel in the publication of three different articles which appeared on May 29, 1904, in the same edition of the Lowell Sunday Telegram, a newspaper owned and published by the defendant. Writ dated June 1, 1904. The first count contained among its allegations those which are referred to and described in the second and third paragraphs of the opinion and there are held to have been set out merely by way of inducement, including the publication headed “ Send Crowley to City Farm,” which is printed below as contained in the third count, and concluded by setting forth the…

1Opinion of the CourtSheldon, J.

The defendant argues that the first count of the plaintiff’s declaration fails to state any cause of action because the alleged defamatory matter is not libellous, and because it is not averred that the alleged libels were published “ concerning the plaintiff.”

The first count is somewhat inartificially drawn; but in our opinion it sufficiently appears that the first articles averred therein to have been published are set out merely by way of inducement, and that the libel relied upon is contained in the short article appearing at the end of this count. With reference to the last cause of…

2Cases cited12 opinions

  1. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  2. Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
  3. Haynes v. Clinton Printing Co.Massachusetts Supreme Judicial Court · 1897
  4. Atwill v. MackintoshMassachusetts Supreme Judicial Court · 1876
  5. McCallum v. LambieMassachusetts Supreme Judicial Court · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
  2. Merrill v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1908
  3. Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
  4. Barnett v. LoudMassachusetts Supreme Judicial Court · 1917
  5. Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1911

6 more not listed; retrieve them via the Exa API.

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