Smith v. Bradstreet Company
Supreme Court of South Carolina
Before Buchanan, J., Charleston, November, 1900. Action by Frank M. Smith against the Bradstreet Co. From order dismissing complaint on demurrer, plaintiff appeals. cite: Where it is alleged- that libel has been maliciously composed and published, not necessary to allege special damage: Cheves, 17; 4 McC., 318; Dud., 310; 116 N. Y., 223; 3 How., 267; 20 D. R. A., 138; 28 Mich., 366; 50 Mo., 439; 80 Mo., 563; 19 Mo., 227; Townsend on Slander and Libel, secs. 132, 179; 22 Fed.
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Before Buchanan, J., Charleston, November, 1900. Action by Frank M. Smith against the Bradstreet Co. From order dismissing complaint on demurrer, plaintiff appeals. cite: Where it is alleged- that libel has been maliciously composed and published, not necessary to allege special damage: Cheves, 17; 4 McC., 318; Dud., 310; 116 N. Y., 223; 3 How., 267; 20 D. R. A., 138; 28 Mich., 366; 50 Mo., 439; 80 Mo., 563; 19 Mo., 227; Townsend on Slander and Libel, secs. 132, 179; 22 Fed. R., 771; 31 Minn., 235; 109 Mo., 131; 18 S. W. R., 1134; 18 Ency., 2 ed., 942; 1 N. & McC., 290; Newell on Defamation,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
When this action came on for trial before his Honor, Judge Buchanan, and a jury, upon reading the complaint, the defendant interposed a demurrer in writing on the ground that such complaint fails to “state facts sufficient to constitute a cause of action, in that the words set out in the complaint and alleged to have been uttered by the defendant, are not actionable nor libellous per se, nor such as without more, necessarily imply damage to the plaintiff. That it is, therefore, necessary for the plaintiff not only to prove, but also in…
2Cited by14 opinions
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- Riley v. Askin & Marine Co.Supreme Court of South Carolina · 1926
- Fulton v. Atlantic Coast Line R. CoSupreme Court of South Carolina · 1951
- Hubbard v. Furman UniversitySupreme Court of South Carolina · 1907
- McClain v. Anderson Free PressSupreme Court of South Carolina · 1958
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