Legal Opinion

Heller v. Pulitzer Publishing Co.

Supreme Court of Missouri

Decided December 22, 1899PublishedCited by 29 opinions

Appeal from St. Louis City Circuit Court. — lion. John A. Talty, Judge. (1) Tbe court below erred in instructing tbe jury to find for plaintiff on tbe issue of libel or no libel, only tbe fact of publication being admitted, tbe jury thus being deprived of tbe power to render a general verdict on that issue of libel or no libel.

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Appeal from St. Louis City Circuit Court. — lion. John A. Talty, Judge. (1) Tbe court below erred in instructing tbe jury to find for plaintiff on tbe issue of libel or no libel, only tbe fact of publication being admitted, tbe jury thus being deprived of tbe power to render a general verdict on that issue of libel or no libel. Art. II, sec, 14, Constitution; Odgers on Slander' and Libel (2 Ed.), p. 468; Bayles v. Lawrence, 11 A. & E. 920; Cox v. Lee, L. R. 4 Excb. 288; Parmiter v. Ooupland, 6 M. & W. 105; Saxby v. Easterbrook, 3 C. P. D. 339; State v. Armstrong, 106 Mo. 395; Arnold v.…

1Opinion of the CourtMarshall, J.

Plaintiff in this action sues the defendant, for publishing in its paper, the St. Louis Post-Dispatch, on the eleventh of November, 1893, the following:

“HE HAS SKIPPED OUT.
“Martin Heller, a Contractor for Government Work, an Embezzler.
“Martin Heller, a contractor and builder residing at 1716 Geyer avenue, has disappeared, taking with him several thousand dollars belonging to the government and his sub-contractors. Heller is a well known stone contractor and builder and his work about town has been so satisfactorily done that he was well recommended -to the officers at Jefferson Barracks, the…

2Cases cited12 opinions

  1. Sparf v. United StatesSupreme Court of the United States · 1895
  2. Callahan v. IngramSupreme Court of Missouri · 1894
  3. Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
  4. State v. ArmstrongSupreme Court of Missouri · 1891
  5. Nicholson v. RogersSupreme Court of Missouri · 1895

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

3Cited by29 opinions

  1. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  2. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
  3. Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
  4. Domijan v. HarpSupreme Court of Missouri · 1960
  5. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903

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

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