Legal Opinion

Sousa v. Davenport

Massachusetts Appeals Court

Decided February 28, 1975PublishedCited by 5 opinions

1Opinion of the Court

This is a defamation action consisting of three counts in libel and one (count 4) in slander. On June 27, 1974, the judge sustained the defendants’ demurrer to the declaration as a whole and to each count separately and on July 9 dismissed the action. 1. The demurrer was properly sustained as to the libel counts. The words alleged “cannot be reasonably understood in a defamatory sense.” Muchnick v. Post Publishing Co. 332 Mass. 304, 305 (1955). In particular, we are directed to no authority which supports the proposition that allegations simply of an individual’s poverty or unemployment are…

2Cases cited6 opinions

  1. Muchnick v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1955
  2. Lynch v. LyonsMassachusetts Supreme Judicial Court · 1939
  3. Stone v. Essex County Newspapers, Inc.Massachusetts Supreme Judicial Court · 1974
  4. Hulvat v. Royal Indemnity Co.District Court, E.D. Wisconsin · 1967
  5. Sullivan v. FarrMassachusetts Appeals Court · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States Trust Co. of New York v. HerriottMassachusetts Appeals Court · 1980
  2. Cefalu v. Globe Newspaper Co.Massachusetts Appeals Court · 1979
  3. Ball v. Wal-Mart, Inc.District Court, D. Massachusetts · 2000
  4. Pesce v. First National Stores, Inc.Massachusetts District Court, Appellate Division · 1982
  5. DiSilva v. Polaroid Co.Massachusetts District Court, Appellate Division · 1985

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