Legal Opinion

Binder v. Pottstown Daily News Publishing Co.

Superior Court of Pennsylvania

Decided April 15, 1907No. Appeal, No. 246PublishedCited by 5 opinions

Appeal, No. 246, Oct. T., 1905, by defendant, from judgment of C. P. Montgomery Co., June T., 1904, No. 10, on verdict for plaintiff in case of William J. Binder v. Pottstown Daily News Publishing Company, Incorporated. Libel to recover damages for libel. Before Weand, J. At the trial it appeared that the alleged libelous publication was as follows : “ IF YOU SEE IT IN THE LEDGER, IT’S NOT SO. “ HOW A ONCE RELIABLE NEWSPAPER HAS GRADUALLY LOST ITS REPUTATION.

Read the full summary

Appeal, No. 246, Oct. T., 1905, by defendant, from judgment of C. P. Montgomery Co., June T., 1904, No. 10, on verdict for plaintiff in case of William J. Binder v. Pottstown Daily News Publishing Company, Incorporated. Libel to recover damages for libel. Before Weand, J. At the trial it appeared that the alleged libelous publication was as follows : “ IF YOU SEE IT IN THE LEDGER, IT’S NOT SO. “ HOW A ONCE RELIABLE NEWSPAPER HAS GRADUALLY LOST ITS REPUTATION. “ CHEAP METHODS OF SECURING NEWS. “ NEWS ARTICLES HAVE BEEN PRINTED WITHOUT MAKING ANY ATTEMPT TO VERIFY THEIR FACTS — HOW IT CAST…

1Opinion of the Court

Opinion by

Rice, P. J.,

A large part of the argument of appellant’s counsel, and many of the assignments of error, are based entirely upon the proposition that the parts of the publication attached to and made part of the plaintiff’s statement of claim which reflect on the plaintiff personally are not properly pleaded as libelous; that the words formally pleaded as libelous were a mere criticism of a “ thing ” — the plaintiff’s newspaper — and constitute the only libel charged in the case. This is the first question to be considered. Its correct determination depends upon the *423proper…

2Cases cited10 opinions

  1. Collins v. Dispatch Publishing Co.Supreme Court of Pennsylvania · 1893
  2. Neeb v. HopeSupreme Court of Pennsylvania · 1886
  3. Price v. ConwaySupreme Court of Pennsylvania · 1890
  4. Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
  5. Meas v. JohnsonSupreme Court of Pennsylvania · 1898

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

3Cited by5 opinions

  1. Volomino v. Messenger Publishing Co.Supreme Court of Pennsylvania · 1963
  2. McGeary v. Leader Publishing Co.Superior Court of Pennsylvania · 1912
  3. Good v. Grit Publishing Co.Superior Court of Pennsylvania · 1908
  4. Bernard Ellsworth & Associates Inc. v. Empire Radio Partners Ltd., Pennsylvania Court of Common Pleas, Blair County1990
  5. Raintree Homes Inc. v. Birkbeck, Pennsylvania Court of Common Pleas, Monroe County2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API