Redgate v. Roush
Supreme Court of Kansas
Error from Wabaunsee district court; William Thomson, judge. statement. Action by Edmund Redgate to recover damages from Wyatt Roush, W. H. Goodwin, E. Parmiter and O. L. Wilkinson -for alleged libels written and published by them. Redgate was a member of the Church of Christ, had preached in different churches of that denomination, and, for three years prior to 1897, had preached for the congregation at Wilmington, Kan., of which organization the defendants were elders.
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Error from Wabaunsee district court; William Thomson, judge. statement. Action by Edmund Redgate to recover damages from Wyatt Roush, W. H. Goodwin, E. Parmiter and O. L. Wilkinson -for alleged libels written and published by them. Redgate was a member of the Church of Christ, had preached in different churches of that denomination, and, for three years prior to 1897, had preached for the congregation at Wilmington, Kan., of which organization the defendants were elders. In 1897 his conduct and services were not satisfactory to that church, and at a meeting of the elders the fellowship of the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
One of the principal questions presented for decision is whether the communication complained of was privileged under the law. It was alleged that it was made in bad faith and with the malicious purpose of injuring the plaintiff. The publication is defamatory in character, and naturally would largely deprive the plaintiff of the confidence of the members of his church organization throughout the country. If it was false in fact and maliciously made, the plaintiff is entitled to recover to the extent of the injury suffered, unless the…
2Cases cited2 opinions
- Shurtleff v. StevensSupreme Court of Vermont · 1879
- Kirkpatrick v. Eagle Lodge No. 32Supreme Court of Kansas · 1881
3Cited by25 opinions
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Guinn v. Church of Christ of CollinsvilleSupreme Court of Oklahoma · 1989
- Stice v. Beacon Newspaper CorporationSupreme Court of Kansas · 1959
- Warren v. Pulitzer Publishing Co.Supreme Court of Missouri · 1934
- Bereman v. Power Publishing Co.Supreme Court of Colorado · 1933
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