Russell v. Kelly
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff had been employed by the defendant as a salesman and bookkeeper in his boot and shoe store, and he discharged him, and thereafter published in the San Francisco Chronicle the following articles, which constituted the libels declared on: “ P. Kelly, prize bootmaker, desires to inform his customers and the public in general, that, owing to the great increase of his…
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff had been employed by the defendant as a salesman and bookkeeper in his boot and shoe store, and he discharged him, and thereafter published in the San Francisco Chronicle the following articles, which constituted the libels declared on: “ P. Kelly, prize bootmaker, desires to inform his customers and the public in general, that, owing to the great increase of his business, he has made a change in the ladies’ custom department, by discharging those who were incompetent, and employing…
1Opinion of the Court
By the Court, Crockett, J.:
• The action is for libel-, founded on certain publications made by the defendant, in which the name of the plaintiff was not mentioned. At the trial witnesses were called by the plaintiff to testify that they were acquainted with the parties and familiar with the relations existing between them, immediately prior to and at the time the publications were made; and that on reading the publications, they understood the plaintiff to be one of the persons referred to. The plaintiff also offered in evidence a subsequent publication made by the defendant (in which the…
2Cases cited4 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
- Mix v. WoodwardSupreme Court of Connecticut · 1837
- Smawley v. StarkIndiana Supreme Court · 1857
3Cited by13 opinions
- Harris v. ZanoneCalifornia Supreme Court · 1892
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Hearne v. De YoungCalifornia Supreme Court · 1898
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961
- State v. MasonOregon Supreme Court · 1894
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