Legal Opinion

Hollenbeck v. Ristine

Supreme Court of Iowa

Decided May 17, 1898PublishedCited by 28 opinions

Appeal from Linn District Court. — Hon. Gr. W. Burnham, Judge. Action at law to recover damages for an alleged libel written of and concerning the plaintiff, resulting in his discharge from employment by the Oedar Rapids & Marion City Railway as a conductor upon its lines, and for loss of time and injury to reputation and means of support. Defendant admitted the writing of the alleged libel, and averred that it was both justifiable and privileged.

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Appeal from Linn District Court. — Hon. Gr. W. Burnham, Judge. Action at law to recover damages for an alleged libel written of and concerning the plaintiff, resulting in his discharge from employment by the Oedar Rapids & Marion City Railway as a conductor upon its lines, and for loss of time and injury to reputation and means of support. Defendant admitted the writing of the alleged libel, and averred that it was both justifiable and privileged. The trial court directed a verdict for the defendant, and the plaintiff appeals. —

1Opinion of the CourtDeemer, C. J.

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*490 2

*491 3

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5 *489— The alleged libelous publication of which plaintiff complains is the same one recently considered by this court in the case of Hollenbeck v. Hall, 103 Iowa, 214, and need not be set out in extenso. We held in that case that the publication was not libelous per se. The only difference between that case and this is that, in this, plaintiff alleged and produced evidence tending to show that the defendant wrote the letter to- Hall, who was president and manager of the Cedar Rapids & Marion City Railway, with intent to injure plaintiff, and to- induce Hall to discharge him from the…

2Cases cited8 opinions

  1. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  2. Chipley v. AtkinsonSupreme Court of Florida · 1887
  3. Lucke v. Clothing Cutters & Trimmers' Assembly No. 7507Court of Appeals of Maryland · 1893
  4. Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
  5. Hollenbeck v. HallSupreme Court of Iowa · 1897

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3Cited by28 opinions

  1. Louis Kamm, Inc. v. FlinkSupreme Court of New Jersey · 1934
  2. Vojak v. JensenSupreme Court of Iowa · 1968
  3. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
  4. McCue v. DeppertNew Jersey Superior Court Appellate Division · 1952
  5. Shaw Cleaners & Dyers, Inc. v. Des Moines Dress ClubSupreme Court of Iowa · 1932

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