Burkhart v. North American Co.
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Pbila. Co., March T., 1903, No. 3407, on verdict for defendant in case of Harry L. Burkhart v. The North American Company. Trespass for libel. Before Barratt, J. The alleged libelous article was as follows: “Mrs. Carter Victor in War on Orchestra. “ Stubborn Musicians Nearly Prevented Performance of 'Du Barry ’ at the Broad. “Discords Enraged Her.
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Appeal, No. 282, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Pbila. Co., March T., 1903, No. 3407, on verdict for defendant in case of Harry L. Burkhart v. The North American Company. Trespass for libel. Before Barratt, J. The alleged libelous article was as follows: “Mrs. Carter Victor in War on Orchestra. “ Stubborn Musicians Nearly Prevented Performance of 'Du Barry ’ at the Broad. “Discords Enraged Her. “Row Behind Scenes Ends in Ejectment of Oboe, Bassoon and Four Brasses. “Those persons who were in the audience at the Broad Street Theater last Tuesday night will not know,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The first four assignments of error are to the rejection by the learned judge at the trial of offers to show the high professional reputation of the plaintiff as a musician. All the cases agree on the general rule that such evidence is not admissible until his reputation has been attacked. In Clark v. North American Co., 203 Pa. 346, this subject was expressly consid*43ered and it was held that the attack which would open the rule need not be by direct testimony but might be indirectly through slurs and insinuations in cross-examination, and other ways…
2Cases cited2 opinions
- Collins v. Dispatch Publishing Co.Supreme Court of Pennsylvania · 1893
- Clark v. North American Co.Supreme Court of Pennsylvania · 1902
3Cited by13 opinions
- Cosgrove Studio & Camera Shop, Inc. v. PaneSupreme Court of Pennsylvania · 1962
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
- Zerpol Corp. v. DMP Corp.District Court, E.D. Pennsylvania · 1983
- Massee v. WilliamsCourt of Appeals for the Sixth Circuit · 1913
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