Victor Safe & Lock Co. v. Deright

Citations

• 147 F. 211
• 77 C.C.A. 437
• 1906 U.S. App. LEXIS 4223

Syllabus

<p>1. Libel — Actionable Words — Special Damage.</p> <p>By the law of libel defamatory language is actionable without special damage when it contains an imputation upon one as an individual, or in respect of his office, profession, or trade, but is not actionable when it is merely in disparagement of one’s property, or of the quality of the articles which he manufactures or sells, unless it occasions special damage^</p> <p>.2. Same.</p> <p>The plaintiff is engaged in the manufacture and sale of what are commonly designated as “Victor Safes.” The defendant, who is engaged in selling other safes, wrote to a third person a letter containing the following language: “We have heard that you had placed order for a Victor Screw Door. We are somewhat surprised at this and feel that you have been misled. The Victor plate safe is very cheaply constructed and can be easily burglarized. The Victor, so-called, “manganese steel safe” is weaker still, and can be opened inside of a vault or anywhere else in a few moments time.” Held, that this language must be regarded as merely in disparagement of the. plaintiff’s safes and therefore as not actionable in the absence of special damage, and that, there being no allegation of such damage in the petition, it is demurrable.</p> <p>(Syllabus by Court.)</p>