Legal Opinion

Clark v. North American Co.

Supreme Court of Pennsylvania

Decided October 13, 1902No. Appeal, No. 221PublishedCited by 26 opinions

Appeal, No. 221, Jan. T., 1901, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 487, on verdict for defendant, in case of James Clark v. North American Company. Trespass for libel. Before Beitler, J. The article complained of was as follows : “ Watchman charged with burglary, police say he is implicated with a gang of thieves. Several men arrested who are said to have perpetrated the Spruce Street robberies.

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Appeal, No. 221, Jan. T., 1901, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 487, on verdict for defendant, in case of James Clark v. North American Company. Trespass for libel. Before Beitler, J. The article complained of was as follows : “ Watchman charged with burglary, police say he is implicated with a gang of thieves. Several men arrested who are said to have perpetrated the Spruce Street robberies. “ Closely following the story of the watchman who turned a robber loose in the streets to satisfy a man with a political ‘ pull ’ comes the arrest of another…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This case was unfortunately tried upon a very imperfect view of the issue involved, and consequently an erroneous application of the law. The facts were not really in dispute. The defendant newspaper published an article headed “ Watchman charged with burglary ” etc., and proceeding, “ Closely following the story of the watchman who turned a robber loose in the streets to satisfy a man with a political ‘ pull ’ conies the arrest of another watchman, a city employee, for implication in a burglary. This special officer, who is believed to have had some hand in the…

2Cases cited5 opinions

  1. Shelly v. DampmanSuperior Court of Pennsylvania · 1896
  2. Hays v. BrierlySupreme Court of Pennsylvania · 1835
  3. Chubb v. GsellSupreme Court of Pennsylvania · 1859
  4. Pease v. ShippenSupreme Court of Pennsylvania · 1877
  5. Petrie v. RoseSupreme Court of Pennsylvania · 1843

3Cited by26 opinions

  1. Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
  2. Purcell v. Westinghouse Broadcasting Co.Supreme Court of Pennsylvania · 1963
  3. Zerpol Corp. v. DMP Corp.District Court, E.D. Pennsylvania · 1983
  4. Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
  5. O'Donnell v. Philadelphia Record Co.Supreme Court of Pennsylvania · 1946

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