Hagener v. Pulitzer Publishing Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. John M. Williams, Judge. (1) The court erred in submitting this case to the jury, because the article complained of on its face is clearly not libelous, and no innuendo can make it so.
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Appeal from Cole Circuit Court. — Hon. John M. Williams, Judge. (1) The court erred in submitting this case to the jury, because the article complained of on its face is clearly not libelous, and no innuendo can make it so. This is true because it was undisputed that the facts respecting the sheriff’s absence from the inquest are correctly stated in the article; and this statement itself discloses that the negligent conduct of the sheriff referred to was not criminal under any statute of this State. To constitute a misdemeanor, or to subject an officer to removal from office under the…
1Opinion of the CourtEllison, P. J.
Plaintiff was the sheriff of Cole county, and in his petition in this action charges defendant, who publishes a newspaper in the city of St. Louis, of large circulation, with libeling him. He recovered compensatory and exemplary damages in the circuit court.
The published matter set out as the libel is as follows:
“CHARGES SHERIFF WITH FISHING AT TIME OF INQUEST.
Cole County Official May Face Proceedings to Oust Him for Dereliction of Duty.
Jefferson City, Mo., July 2. — Jack Slate, prosecuting attorney of Cole county, said this morning that he may institute-proceedings against Henry Hagener,…
2Cases cited27 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Barkly v. CopelandCalifornia Supreme Court · 1887
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lothrop v. AdamsMassachusetts Supreme Judicial Court · 1882
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3Cited by7 opinions
- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
- Shumate v. Johnson Publishing Co.California Court of Appeal · 1956
- Behrendt v. Times Mirror Co.California Court of Appeal · 1938
- Laux v. Motor Carriers Council of St. Louis, Inc.Supreme Court of Missouri · 1973
- Conrad v. Allis-Chalmers Manufacturing Co.Missouri Court of Appeals · 1934
2 more not listed; retrieve them via the Exa API.