Schattler v. Daily Herald Co.
Michigan Supreme Court
Error to St. Clair; Tappan, J. Case by John Schattler against the Daily Herald Company for libel. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action of libel. On May 8, 1907, defendant published an article concerning plaintiff as follows: “DIAMOND THIEF IS NABBED THROUGH THE MEDIUM OF A DAILY HERALD LINER AD. “ For the Munificent Sum of Thirty-Four Cents, Port Huron Woman Recovers $300 Worth of Jewelry.
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Error to St. Clair; Tappan, J. Case by John Schattler against the Daily Herald Company for libel. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action of libel. On May 8, 1907, defendant published an article concerning plaintiff as follows: “DIAMOND THIEF IS NABBED THROUGH THE MEDIUM OF A DAILY HERALD LINER AD. “ For the Munificent Sum of Thirty-Four Cents, Port Huron Woman Recovers $300 Worth of Jewelry. “She Left Her Purse on the Train, Woman in Rear Seat Found It, and Gave It to Her Husband to Get the Reward. “ ‘ Lock me up. I am guilty of the theft and not…
1Opinion of the CourtBrooke, J.
(after stating the facts). Plaintiff assigns error upon the charge of the court, which was in part as follows:
“With reference to the claims of the- parties, you are instructed that the burden is upon the plaintiff to convince you by a fair preponderance of evidence that the words complained of were false, in fact, and defamatory in character.
' ‘ To recover actual damages he must also convince you by a fair preponderance of the evidence that the plaintiff has suffered injury to his good name, health, feelings, and that those injuries resulted directly from thd publication of the article in the…
2Cases cited6 opinions
- Palmer v. New York News Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Dunbar v. McGillMichigan Supreme Court · 1888
- Sibley v. MorseMichigan Supreme Court · 1906
- Whittemore v. WeissMichigan Supreme Court · 1876
- Austin v. HyndmanMichigan Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Poledna v. Bendix Aviation Corp.Michigan Supreme Court · 1960
- Craney v. DonovanSupreme Court of Connecticut · 1917
- Sloan v. Kramer-Orloff Co.Michigan Supreme Court · 1963
- Farrar v. Tribune Publishing Co.Washington Supreme Court · 1961
- Clair v. Battle Creek Journal Co.Michigan Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.