Rabb v. Trevelyan

Citations

• 122 La. 174
• 47 So. 455
• 1908 La. LEXIS 427

Syllabus

<p>1. Libel and Slander (§ 112*) — Evidence— Sueeiciencv.</p> <p>The allegations of the plaintiff, suing for damages for alleged libel, that the owners or managers of a race track and the judges employed by them have falsely accused him of swindling and conspiring to swindle in the running of races on their track, and have caused the accusations to be published, aré not supported by proof.</p> <p>[Ed. Note. — Eor other cases, see Libel and Slander, Dec. Dig. § 112.*]</p> <p>2. Associations (§ 20*) — Expulsion op Bookmaker erom Track — Right to Resort to Courts.</p> <p>Where the action of the judges in ruling a bookmaker off the turf, though ex parte, is according to custom, is within the authority conferred on them, and is subject to revision on appeal to another tribunal, the bookmaker must show that he has exhausted the remedies afforded by the Turf Association with which he has thus connected himself by demanding a hearing from the judges, by appealing from their sentence, or otherwise, as the case may be, before he can be heard in the state courts.</p> <p>[Ed. Note. — Eor other cases, see Associations, Dec. Dig. § 20.*]</p> <p>3. Libel and Slander (§ 49*) — Privileged Communications — Newspaper Reports op Charges Against Race Track Bookmaker.</p> <p>The matter of fraudulent racing is one which concerns the public, in which the proprietors of race tracks, for the protection of their patrons and themselves, are in duty bound to keep the public posted as to their action in any given case; and with respect to which a bookmaker engaged in business on a public track consents that his conduct shall be investigated and judged by the constituted racing authorities, in the interest, and for the benefit, of the public. Newspaper owners are not, therefore, liable as for imputed malice for the mere publication of the charges made before, and the action taken by, such constituted racing authorities in such cases, even though the proceedings be ex parte.</p> <p>[Ed. Note. — Fo