Upton v. Hume
Oregon Supreme Court
Curry County: J. C. Fullerton, Judge. The plaintiff J. H. Upton sued E. D. Hume upon a charge of libel, in publishing in the Gold Beach Gazette, a newspaper owned and published by him, and circulated in the counties of Coos and Curry, in this state, certain articles concerning the plaintiff, containing, among other things, the following language, alleged to be false and defamatory: “He [meaning the plaintiff] has already acquired the reputation of being a loathsome, venomous…
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Curry County: J. C. Fullerton, Judge. The plaintiff J. H. Upton sued E. D. Hume upon a charge of libel, in publishing in the Gold Beach Gazette, a newspaper owned and published by him, and circulated in the counties of Coos and Curry, in this state, certain articles concerning the plaintiff, containing, among other things, the following language, alleged to be false and defamatory: “He [meaning the plaintiff] has already acquired the reputation of being a loathsome, venomous thing, without shame; a man without a spark of manhood, a betrayer of his party, a citizen whose word is- not worth a…
1Opinion of the CourtJustice Bean
1. Before considering the other assignments of error, we wish to advert to the question raised by the motion for a nonsuit, and by certain instructions given and refused by the trial court, and that is whether the publication complained of was prima facie privileged by the occasion, and whether this action can be maintained by plaintiff without proof of express malice. The general rule is that in the case of a libelous publication the law implies malice, and infers some damages, if the publication is false, but to this rule there are certain exceptions in what are known as “privileged…
2Cases cited34 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
29 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Harley-Davidson Motorsports, Inc. v. MarkleyOregon Supreme Court · 1977
- Marr v. PutnamOregon Supreme Court · 1952
- Parsons v. Age-Herald Pub. Co.Supreme Court of Alabama · 1913
33 more not listed; retrieve them via the Exa API.