Waldo v. Journal Co.

One issue is dispositive of this appeal. It is whether the language complained of could reasonably be construed in its proper context as being defamatory to the plaintiffs.

We must first consider whether the language complained of is defamatory within the meaning of the Restatement test which this court has often quoted with approval: 2

“A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” 3

To sustain the demurrer, it must be determined as a matter of law…