Davis Ex Rel. Davis v. Askin's Retail Stores, Inc.

The sufficiency of the complaint is challenged by the demurrer on two grounds: (1) That the writing complained of is not libelous per se and contains no averment of special damage, and (2) that the complaint shows there was no publication of the alleged libel by the defendants.

1. The distinction between oral and written defamation is well recognized. To determine whether the particular words used are actionable per se, it is necessary to apply a different rule in case of libel from that applicable to slander.

In Simmons v. Morse, 51 N. C., 7, it was said: “A libel, as applicable to…