Petty v. Nelson
Missouri Court of Appeals
Appeal from- Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s petition because it does not state facts sufficient to constitute a cause of action against defendant. Diener v. Pub. Co., 230 Mo. 627; Diener v. Pub. Co., 232 Mo. 416; Tilles v. Pub. Co., 145 S. W. 1152; McClure v. Pub.
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Appeal from- Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s petition because it does not state facts sufficient to constitute a cause of action against defendant. Diener v. Pub. Co., 230 Mo. 627; Diener v. Pub. Co., 232 Mo. 416; Tilles v. Pub. Co., 145 S. W. 1152; McClure v. Pub. Co., 38 Wash. 160, 80 Pac. 303. (2) The court erred in giving plaintiff’s instruction No. 1, because it omits the element of knowledge that said publication was false; the fact that a publication of a qualifiedly privileged character is…
1Opinion of the CourtEllison, J.
Defendant is proprietor of the Kansas City Star, a newspaper of large circulation, *20and plaintiff, a citizen of Paola, Kansas, claiming that he was defamed through the columns of the paper, brought this action for libel and obtained judgment in the circuit court.
The publication was of a‘picnic in “Boone’s pasture,” two miles out from Paola, on Easter Sunday, the 16th of April, 1911. Plaintiff was a member of that party, and a short statement of the nature and object of the gathering and his part in it, will aid in determining whether he has been defamed by the article published. The party was…
2Cases cited3 opinions
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1911
- Morris v. SailerMissouri Court of Appeals · 1911