Stewart v. Minnesota Tribune Co.
Supreme Court of Minnesota
Appeal by plaintiff, an attorney and counsellor at law, from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining a demurrer to the complaint. The action was for libel, the words complained of being part of an article published in the newspaper of the defendant corporation, edited by the other defendants, and being as follows, (omitting the innuendoes:) “Elder Stewart has moved his office up to his house to save expense.”
1Opinion of the CourtYanderburgi-i, J.
We are unable to say that the trial court erred in sustaining the demurrer to the complaint. It is not every false charge against an individual, though reduced to writing, and maliciously published, that will sustain an action for damages. It must appear that the plaintiff has sustained some special loss or damage following as the necessary or natural and proximate consequence of the publication, or the nature of the charge itself must be such that the court can legally presume that the party has been injured in his reputation or business, or in his social relations, or has been subjected to…
2Cases cited5 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Donaghue v. GaffySupreme Court of Connecticut · 1885
- Stone v. CooperNew York Supreme Court · 1845
- Homer v. EngelhardtMassachusetts Supreme Judicial Court · 1875
- Platto v. GeilfussWisconsin Supreme Court · 1879
3Cited by11 opinions
- Layne v. Tribune Co.Supreme Court of Florida · 1933
- Fite v. Oklahoma Publishing Co.Supreme Court of Oklahoma · 1930
- McKenney v. CarpenterSupreme Court of Oklahoma · 1914
- Talbot v. MackNevada Supreme Court · 1917
- Pokrok Zapadu Publishing Co. v. ZizkovskyNebraska Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.