Tobin v. Boston Herald-Traveler Corp.

This is an action of tort for libel against the publisher of a newspaper. The declaration contains three counts. Counts 1 and 2 are based on alleged libels published by the defendant on February 12, 1946. The third count is based on an item published by the defendant on March 28, 1945. To the first and second counts the defences of truth and privilege were pleaded. The defendant demurred to the third count and the demurrer was overruled. The case then went to trial on all of the counts. On counts 1 and 2 verdicts *480were returned for the defendant. On the third count the plaintiff had a verdict.…