Legal Opinion · Dissent

Estelle v. Daily News Publishing Co.

Nebraska Supreme Court

Decided February 19, 1916No. 18120Published

Appeal from the district court for Dodge county: Conrad Hollenbeck, Judge. •

1DissentBarnes, J.

I cannot concur with the majority of the court, and my reasons for dissenting, briefly stated, are as follows; The libelous article set out in full in the majority opinion is construed by considering Its several words and sentences separately, and in a way that, to my mind, will not bear the test of judicial investigation. The published article should be taken up as a whole, and all of its words and sentences should be construed together. There may be sentences in the article which, standing alone, possibly could not be construed as libelous and might not have caused the institution of a suit…

2Cases cited10 opinions

  1. Baker v. WarnerSupreme Court of the United States · 1914
  2. Spencer v. MinnickSupreme Court of Oklahoma · 1913
  3. World Publishing Co. v. MullenNebraska Supreme Court · 1894
  4. Pokrok Zapadu Publishing Co. v. ZizkovskyNebraska Supreme Court · 1894
  5. Bee Publishing Co. v. ShieldsNebraska Supreme Court · 1903

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