Barron v. Smith

Citations

• 19 S.D. 50
• 101 N.W. 1105
• 1904 S.D. LEXIS 112

Syllabus

<p>1. The fact that a person’s name was not mentioned in a publication alleged to be a libel on him does not render it the less libelous, so long as the publication would be understood to refer to him.'</p> <p>2. In an action for libel, the question whether the publication referred to plaintiff, whose name was not mentioned in it, is for the jury.</p> <p>3. It is not necessary, in order to render a publication libelous,, that it should charge any crime or public offense, inasmuch as Civ. Code, § 29, defines “libel” as a false and unprivileg'ed publication, by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which . causes him to be shunned or avoided, or which has a tendency to injure him in bis occupation.</p> <p>4. A publication alleged that a piano had been sold to a certain miners’ union, which required great financiering, and that the agent thought it a great thing to bribe a committee or officers so as to sell' a piano, and that such was the case Held, in an action for libel by the president and one of the trustees of the miners’ union, that the publication imported that plaintiffs and others were bribed to purchase the particular piano, and was an actionable libel, without any showing of special damages.</p>