Allen v. News Publishing Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee Countj. Action to recover damages for an alleged libel. At the time the publication complained of was made, the defendant was a corporation, and the proprietor and publisher, in the city of Milwaukee, of a newspaper called the “ Daily Review.”
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APPEAL from the Superior Court of Milwaukee Countj. Action to recover damages for an alleged libel. At the time the publication complained of was made, the defendant was a corporation, and the proprietor and publisher, in the city of Milwaukee, of a newspaper called the “ Daily Review.” In the issue of such newspaper of February 18, 1889, the defendant published an article headed, “Was he man or woman?” in which it was stated that one W. J. Allen was found dead in his bed on the preceding morning, and that, on a post mortem examination by two physicians, it was found that he “possessed both…
1Opinion of the CourtLyoN, J.
1. Tbe trial court held that tbe article of February 20th is libelous on its face, and for that reason overruled tbe demurrers to tbe complaint. ¥e think tbe ruling was correct. A publication is libelous when it tends to expose tbe person concerning whom it is written to public contempt or ridicule, and is made without legal justification. Tbe publication of February 20th represents the plaintiff, not only as protesting to defendant’s officers or agents that the article of February 18th was a slander upon ber dead husband and false, and as demanding a retraction thereof, but it also…
2Cited by6 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Eckert v. VanPeltSupreme Court of Kansas · 1904
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