Judevine v. Benzies-Montanye Fuel & Warehouse Co.

The case is before us upon appeal from an order overruling demurrers to the complaint on the ground that the facts stated do not constitute a cause of action and is presented in three aspects : (1) As one of libel. (2) As one for damages for injury to plaintiff resulting from violation of a criminal statute by defendants. (3) As one to recover damages for violation of plaintiff’s right of privacy.(1) (a) No special damages are alleged in the complaint, so that to constitute a cause of action for libel the matter published must be libelous per se. 17 R. C. L. p. 299; McDermott v. Union Credit…