Clark v. McBaine
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Eon. Samuel Davis, Judge. (1) In construing an alleged libelous publication, the court should take the article as a whole and determine its meaning and effect from its entire contents and from the occasion, surrounding circumstances, and the apparent object of the writer.
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Appeal from Saline Circuit Court. — Eon. Samuel Davis, Judge. (1) In construing an alleged libelous publication, the court should take the article as a whole and determine its meaning and effect from its entire contents and from the occasion, surrounding circumstances, and the apparent object of the writer. St. James Military Academy v. Gaiser, 125 Mo. 526; Julian v. Kansas City Star, 209 Mo. 76; 25 Cyc. 357. (2) The alleged statement, signed by members of the law faculty and published by the president of the University, was defamatory because it tended to injure the plaintiff in his vocation…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit in the Circuit Court of Saline County against the defendants to recover $50,000 damages, $25,000 actual, and $25,000 punitive damages, for the publication against him of a certain libelous article set out in the petition and made the basis of this suit.
To the petition Jiled by the plaintiff, the defendants filed a general demurrer, stating that petition did not state facts sufficient to constitute a cause of action against them. The demurrer coming on thereafter for hearing, Avas by the court taken up and considered, and by the court sustained. Upon the…
2Cases cited19 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Callahan v. IngramSupreme Court of Missouri · 1894
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3Cited by11 opinions
- Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing CompanyCourt of Appeals for the Fifth Circuit · 1965
- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
- Williams v. School District of Springfield R-12Supreme Court of Missouri · 1969
- Rose v. KochSupreme Court of Minnesota · 1967
- Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
6 more not listed; retrieve them via the Exa API.