Dooling v. Budget Publishing Co.
Massachusetts Supreme Judicial Court
Tort, for an alleged libel, contained in the following words : “ Probably never in the history of the Ancient and Honorable Artillery Company was a more unsatisfactory dinner served than that of Monday last. One would suppose, from the elaborate bill of fare, that a sumptuous dinner would be furnished by the caterer, Dooling; but instead, a wretched dinner was served, and in such a way that even hungry barbarians might justly object.
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Tort, for an alleged libel, contained in the following words : “ Probably never in the history of the Ancient and Honorable Artillery Company was a more unsatisfactory dinner served than that of Monday last. One would suppose, from the elaborate bill of fare, that a sumptuous dinner would be furnished by the caterer, Dooling; but instead, a wretched dinner was served, and in such a way that even hungry barbarians might justly object. The cigars were simply vile, and the wines not much better.” At the trial in the Superior Court, before Pitman, J., the publication of the words by the defendant…
1Opinion of the Court
C. Allen, J..
The question is, whether the language used imports any personal reflection upon the plaintiff in the conduct of his business, or whether it is merely in disparagement of the dinner which he provided. Words relating merely to the quality of articles made, produced, furnished, or sold by a person, though false and malicious, are not actionable without special damage. For example, the condemnation of books, paintings, apd other works of art, music, architecture, and generally of the product of one’s labor, skill, or genius, may be unsparing, but it is not actionable without the…
2Cases cited2 opinions
- Gott v. PulsiferMassachusetts Supreme Judicial Court · 1877
- Tobias v. HarlandNew York Supreme Court · 1830
3Cited by28 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- HipSaver, Inc. v. KielMassachusetts Supreme Judicial Court · 2013
- Bearce v. BassSupreme Judicial Court of Maine · 1896
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Fowler v. Curtis Publishing Co.Court of Appeals for the D.C. Circuit · 1950
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