Harrington v. Butte Miner Co.
Montana Supreme Court
Appeal from. District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by T. J. Harrington, as administrator of the estate of James Kelly, deceased, against the Bntte Miner Company and J. Lawrence Dobell. From an order granting a new trial plaintiff appeals.
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Appeal from. District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by T. J. Harrington, as administrator of the estate of James Kelly, deceased, against the Bntte Miner Company and J. Lawrence Dobell. From an order granting a new trial plaintiff appeals. It may be conceded with relation to Missouri that the doctrine in that state oh the law of libel is somewhat peculiar, the decisions holding that the only question to be decided by a jury in that state is the question of “libel or no libel,” all other questions being matters of law for the court. It is further conceded that the…
1Opinion of the CourtJustice Holloway
Action for damages for libel. Upon the trial of this cause, at the instance of the plaintiff, the court gave instruction No. 2 as follows: “You are instructed that the article complained of in this action is libelous in itself, and under the law and the evidence you should find for the plaintiff and against the defendants Butte Miner Company and J. Lawrence Dobell, and award *553him such damages as in your judgment are just and fair under the circumstances.” Notwithstanding this direction the jury returned a general verdict in favor of the company and Mr. Dobell. Plaintiff moved for a new trial…
2Cases cited14 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- Paxton v. WoodwardMontana Supreme Court · 1904
- Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WhitesideSupreme Court of Connecticut · 1961
- Cowden v. CrippenMontana Supreme Court · 1936
- Gray v. MossmanSupreme Court of Connecticut · 1917
- Manley v. HarerMontana Supreme Court · 1925
- Komposh v. PowersMontana Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.