Legal Opinion

Riley v. Lee

Court of Appeals of Kentucky

Decided May 25, 1889PublishedCited by 36 opinions

Case 94 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. The publication complained of is a libel and therefore actionable.

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Case 94 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. The publication complained of is a libel and therefore actionable. (Odgers on Libel and Slander, 20, 22, 23, 24, 25; Duncan v. Brown, 15 B. M., 192; Shelton v. Nanee, 7 B. M., 128; Starkie on Slander, chap. 5, page 147; Hilliard on Torts, 237; Cooley on Torts, 206, 195, 220; Chitty’s Pleading, 632; Starkie on Slander, 202, 413; Townshend on Slander and Libel, sec. 45, note 3.) 2. The words published in this case were actionable per se, and proof of' general damage is admissible upon the trial of the case. (Odgers on ' Slander…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion oe the court.

The appellant’s petition and amended petition charge the appellees, as the owners and publishers of a newspaper known as the Owenton News, in Owen county, Ey., with having maliciously procured and published, for the' purpose of defaming, degrading, and holding up to contempt and ridicule the appellant, a writing which was false, and known by them to be false, as follows :

“ "Whereas, O. Y. Riley did make representations to me that it would be impossible for my sister, Bettie Threlkeld, to secure the position of teacher of the school in the Cedar…

2Cases cited5 opinions

  1. Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
  2. Cooper v. StoneNew York Supreme Court · 1840
  3. Stow v. ConverseSupreme Court of Connecticut · 1820
  4. Colby v. ReynoldsSupreme Court of Vermont · 1834
  5. Ross v. McGuffinCourt of Appeals of Texas · 1884

3Cited by36 opinions

  1. Layne v. Tribune Co.Supreme Court of Florida · 1933
  2. Brents v. MorganCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Foster-Milburn Co. v. ChinnCourt of Appeals of Kentucky · 1909
  4. Axton Fisher Tobacco Co. v. Evening Post Co.Court of Appeals of Kentucky · 1916
  5. Prewitt v. WilsonSupreme Court of Iowa · 1905

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