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• Title: Burr v. Winnett Times Publishing Co. Et Al.
• Author : Supreme Court of Montana
• Release Date : January 10, 1927
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Libel ? Newspaper Articles ? Publication of Charges Against Public Officer ? When Libel Per Se. Libel ? Newspaper Articles ? General Demurrer Improperly Sustained if Allegations Relating to Any One of a Number of Alleged Libelous Articles Sufficient to State Cause of Action. 1. A general demurrer to a complaint in an action for libel in which a number of alleged libelous newspaper articles are set forth - Page 71 in one cause of action may not be sustained if any one of such articles, with the allegations in regard thereto, is sufficient to state a cause of action. Same ? What Constitutes Libel Per Se. 2. A libel is libel per se where the words published are actionable because they, of themselves, are opprobrious; in such an action the language used must be susceptible of but one meaning and that an opprobrious one when construed in their usual, popular and natural meaning and common acceptation, i.e., in the sense in which laymen of ordinary intelligence would understand them. Same ? Construction of Allegations of Complaint. 3. In an action for libel, the alleged defamatory matter must be construed as an entirety and with reference to the remaining portions of the publication. Same ? Innuendo ? When Unnecessary. 4. An innuendo in the law of libel is a statement in the complaint relative to the construction which plaintiff himself puts upon the alleged defamatory matter; where a defamatory meaning is apparent on the face of the libel, no innuendo is necessary, and if the publication is not libelous per se, the innuendo cannot make it such. Same ? Absence of Allegation of Special Damages ? Effect. 5. Where special damages are not pleaded in an action for libel, the complaint does not state a cause of action unless the alleged libel be libel per se. Same ? Public Officers ? What Publications not Libelous Per Se. 6. A newspaper article which, in speaking of a county officer up for re-election, is merely an expression of opinion of the writer of plaintiffs mental caliber but casts no aspersion upon him, or which criticises his official acts and soundness of judgment as an official, or which charges him with putting in a bill against the county, but does not say that he illegally obtained county money or tried to do so, is not libelous per se. Same. 7. Held, that a newspaper article published concerning a member of a board of county commissioners seeking re-election, referring to "the interesting way he has of prying open the lid of the county strong box" and likening him to "Kaiser Bill," so far as the former statement is concerned, if libelous, was libelous per quod, requiring an innuendo to explain it, and not per se, and that the latter was simply sarcasm and not libelous. Same ? Defamatory Charge may be Made in Language Impliedly so Plain as to Constitute Libel Per Se. 8. A defamatory charge does not have to be made in direct, positive language but may impliedly be made so plainly that it can have only one meaning which may constitute libel per se. Same ? Falsely Charging County Commissioner With Violation of Statutes is Libel Per Se. 9. A newspaper article falsely charging a member of a board of county commissioners, in conjunction with the other members, with conducting county business behind closed doors, with keeping county records from public inspection, and with secretly passing a bond issue in a large amount at the highest legal rate of - Page 72 interest, in violation of statutory provisions, whether thus charging a misdemeanor or not, is libelous per se, such charges being sufficient to deprive an official of the benefits of public confidence.

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