McCloskey v. Pulitzer Publishing Co.
Supreme Court of Missouri
Appeal from the ¡St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) ' It was error to amend plaintiff’s first instruction by inserting tbe words, “if you believe tbe article itself to be false and libelous,” and to instruct tbe jury that they were “tbe sole judges as to whether tbe article complained of is libelous or not.” (a) Because tbe publication complained of was libelous per se. Mitchell v. Bradstreet, 116 Mo. 226; Herman v. Bradstreet, 19 Mo.
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Appeal from the ¡St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) ' It was error to amend plaintiff’s first instruction by inserting tbe words, “if you believe tbe article itself to be false and libelous,” and to instruct tbe jury that they were “tbe sole judges as to whether tbe article complained of is libelous or not.” (a) Because tbe publication complained of was libelous per se. Mitchell v. Bradstreet, 116 Mo. 226; Herman v. Bradstreet, 19 Mo. App. 227; Noeninger v. Vogt,. 88 Mo. 589. (b) Because tbe provision that tbe jury shall be the judges of tbe law in libel cases,…
1Opinion of the CourtBurgess, J.
This is an action for libel, which resulted in a verdict and judgment for defendant, from which plaintiff appeals.
The publication complained of is as follows:
MRS. m’oLOSKEY’s SIDE.
“She says her husband does not give her enough to eat.
“If all, or even half, Mrs. John MeCloskey says about her husband is true, he is about the toughest kind of a man a woman could get hold of for a husband. John and his wife are getting a divorce from each other. That is, he has asked for it, and she is dead willing that he should have it.
“Although the case is now pending, they occupy the same house, 1103 Dolman…
2Cases cited8 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
- Snyder v. AndrewsNew York Supreme Court · 1849
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- Arnold v. JewettSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1901
- Conrad v. Allis-Chalmers Manufacturing Co.Missouri Court of Appeals · 1934
- Sotham v. Drovers Telegram Co.Supreme Court of Missouri · 1912
6 more not listed; retrieve them via the Exa API.