Legal Opinion

Hollenbeck v. Ristine

Supreme Court of Iowa

Decided May 29, 1901PublishedCited by 10 opinions

Appeal from Linn District Court. — Hon. H. M. Remley, Judge. Action at law to recover damages for an alleged libel written of and concerning tbe plaintiff, resulting in his discharge from employment by the Cedar Rapids & Marion City Railroad as conductor, and fox loss of time and injury to reputation and means of support. Defendant admitted the writing of the alleged libel, and averred that it was both justified and privileged.

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Appeal from Linn District Court. — Hon. H. M. Remley, Judge. Action at law to recover damages for an alleged libel written of and concerning tbe plaintiff, resulting in his discharge from employment by the Cedar Rapids & Marion City Railroad as conductor, and fox loss of time and injury to reputation and means of support. Defendant admitted the writing of the alleged libel, and averred that it was both justified and privileged. Verdict and judgment for $683.33 was rendered in favor of the plaintiff. Defendant appeals.

1Opinion of the CourtGiven, C. J.

*3601 *3612 *359I. At and for a long time prior to December 11, 1892, the plaintiff was in the employ of said *360railway company as a conductor, of which company K. E. Hall was president, E. L. Diserens, superintendent, and the defendant and his father, Dr. Henry Kistine, partners in the practice of medicine, were the surgeons. In October and November, 1886, Dr. Henry Kistine made two professional visits, in consultation with Dr. La Grange, upon the plaintiff’s wife and son, for which services said firm charged the plaintiff $15. In 1887 two or more notices were sent to the plaintiff, requesting him to pay…

2Cases cited8 opinions

  1. Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
  2. Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
  3. Martens v. ReillyWisconsin Supreme Court · 1901
  4. Hollenbeck v. RistineSupreme Court of Iowa · 1898
  5. Rude v. NassWisconsin Supreme Court · 1891

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3Cited by10 opinions

  1. London Guarantee & Accident Co. v. HornIllinois Supreme Court · 1903
  2. Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
  3. Falstaff Brewing Corp. v. Iowa Fruit & Produce Co.Court of Appeals for the Eighth Circuit · 1940
  4. Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
  5. Wilson & Co. v. United Packinghouse Wkrs. of AmericaDistrict Court, N.D. Iowa · 1960

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