Legal Opinion

Street v. Johnson

Wisconsin Supreme Court

Decided November 17, 1891PublishedCited by 15 opinions

APPEAL from the Circuit Court for Douglas County. This is an action for libel. The complaint alleges, in effect, that October 20, 1890, the defendant was the owner and keeper of a news-stand and the vender of newspapers at the city of Superior; that as such he wilfully and intentionally sold and delivered at said stand, to a large number of the people of said city who read the same, copies of a newspaper named “ The Sunday Sun,” of the date of October 18,1890, containing a…

Read the full summary

APPEAL from the Circuit Court for Douglas County. This is an action for libel. The complaint alleges, in effect, that October 20, 1890, the defendant was the owner and keeper of a news-stand and the vender of newspapers at the city of Superior; that as such he wilfully and intentionally sold and delivered at said stand, to a large number of the people of said city who read the same, copies of a newspaper named “ The Sunday Sun,” of the date of October 18,1890, containing a false, defamatory, scandalous, and libelous article in the false, libelous, and defamatory words therein set forth, and…

1Opinion of the CourtCassoday, J.

Within the rules of law frequently announced by this court we must hold that the article in question was libelous per se. Bradley v. Cramer, 59 Wis. 309, and cases there cited; Gauvreau v. Superior Pub. Co. 62 Wis. 409; Moley v. Barager, 77 Wis. 43. The principles upon which such rules are based, and the reasons for the. same, need not be here repeated. The question presented is one of pleading. Upon this demurrer the allegations of the complaint must be taken as true. 62 Wis. 401. This being so, we must assume for the purpose of this appeal that the article was published of and concerning…

2Cases cited4 opinions

  1. Bradley v. CramerWisconsin Supreme Court · 1884
  2. Gauvreau v. Superior Publishing Co.Wisconsin Supreme Court · 1885
  3. Anderson v. WeheWisconsin Supreme Court · 1885
  4. Moley v. BaragerWisconsin Supreme Court · 1890

3Cited by15 opinions

  1. Albi v. Street & Smith Publications, Inc.Court of Appeals for the Ninth Circuit · 1944
  2. Bowerman v. Detroit Free PressMichigan Supreme Court · 1939
  3. Scofield v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1905
  4. Ogden v. Association of the United States ArmyDistrict Court, District of Columbia · 1959
  5. Hartmann v. American News Co.District Court, W.D. Wisconsin · 1947

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API