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eBook details

• Title: Manley v. Harer Et Al.
• Author : Supreme Court of Montana
• Release Date : January 25, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Libel ? Rules ? Damages Recoverable ? Province of Jury ? Privileged Communications. Libel ? Language not Libelous Per Se not Made so by Innuendo. 1. Language which is not libelous per se cannot be made so by innuendo. Same ? What is and What is not Language Libelous Per Se. 2. Words which upon their face and without the aid of extrinsic proof are injurious to the person concerning whom they are uttered - Page 254 are defamatory per se; but if the words are of doubtful significance or derive their libelous character from extraneous facts they are not so and the pleader must allege the meaning intended or set forth such facts by proper averment. Same ? Damages Recoverable. 3. Words defamatory per se carry the presumption of falsity and damage and therefore where a publication is libelous per se the plaintiff may recover general damages without allegation or proof of special damages; on the contrary, where the words are not actionable per se, there can be no recovery of general damages without a pleading of special damages. Same ? Words Libelous Per Se must have One Meaning Only. 4. To be characterized as libelous per se, the words used must be susceptible of but one meaning. Same ? General and Special Damages ? Distinction. 5. General damages in the law of libel are those which the law presumes actually, proximately and necessarily result from the publication of the defamatory matter, while special damages are the natural, but not the necessary, result thereof, and do not follow by implication of law upon proof of the defamatory words. Same ? Province of Jury. 6. Where alleged libelous language is susceptible of two meanings, one defamatory and the other not, it is for the jury to determine in what sense it was used, and it may disregard the advice of the court as to whether it is one or the other. Same ? Words Imputing Dishonesty or Corruption or Unfaithfulness to Employer Libelous Per Se. 7. Words which in themselves injuriously affect one in his profession, business or employment or which impute dishonesty or corruption to an individual or which charge him with unfaithfulness to his employer are actionable per se. Same ? Published Language as to Wrongdoing of Road Supervisor Analyzed. 8. Held, that statements in a petition by taxpayers to the board of county commissioners asking for the removal of a road supervisor on the grounds "that he does not give to the county value received for the money he draws from the public funds; that when working or pretending to be working, he will have teams standing on the public road but not working at least fifty per cent of the time," were not libelous per se; but that the statement that "he does not put in full time, but draws warrants for full time," charging him with defrauding the county, was so in effect. - Page 255 Same ? What not Privileged Communication. 9. A communication addressed by taxpayers to the board of county commissioners asking for the removal of a road supervisor and containing a libelous statement was not privileged under section 5692, subdivision 3, Revised Codes of 1921, where made with malice.

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