O'Toole v. Post Printing & Publishing Co.
Supreme Court of Pennsylvania
Appeal, No. 6, Oct. Term, 1896, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. Term, 1894, on verdict for plaintiff. Trespass for libel. Before Kennedy, J. At the trial it appeared that the libelous publications complained of appeared in the Pittsburg Post on October 10 and 11, .1893. The first article, which was published, Oct. 10,1893, has these headlines in large letters: “ Gone to her- drummer. A missing-hotel maid being pursued by an irate parent.”
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Appeal, No. 6, Oct. Term, 1896, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. Term, 1894, on verdict for plaintiff. Trespass for libel. Before Kennedy, J. At the trial it appeared that the libelous publications complained of appeared in the Pittsburg Post on October 10 and 11, .1893. The first article, which was published, Oct. 10,1893, has these headlines in large letters: “ Gone to her- drummer. A missing-hotel maid being pursued by an irate parent.” And the article reads thus: “ About three months ago Miss Mollie O’Toole, a pretty young woman about twenty years of age,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The objection to the testimony covered by the first assignment of error was upon the ground that the attempt was to prove the declarations of an agent of the company made after the occurrence, and so remote from it as not to be a part of the res gestae. The fact of the agency and the right of the agent to speak for the company were not at the time questioned, and it afterward appeared from the testimony that he was acting within the scope of his authority. The plaintiff had gone to the office of the company to demand a retraction of the libelous publication. What…
2Cases cited1 opinion
- Curtin v. GephartSupreme Court of Pennsylvania · 1896
3Cited by7 opinions
- Commonwealth v. RaymondSupreme Court of Pennsylvania · 1963
- Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
- Mills v. FlynnSupreme Court of Iowa · 1912
- Rosenberger v. H. E. Wilcox Motor Co.Supreme Court of Minnesota · 1920
- Salem News Pub. Co. v. CaligaCourt of Appeals for the First Circuit · 1906
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