80 So. 885 | La. | 1919
The plaintiff appeals from a judgment maintaining an exception of no cause of action and dismissing his suit for damages for an alleged libel.
The defendant’s argument, in support of his contention that plaintiff’s petition does not disclose a cause of action, is threefold, viz.:
First. It is not alleged that any one read the alleged libel published by defendant.
Second. It is not' alleged that defendant knew that the publication was false, or that he acted without probable cause for believing it to be true and for publishing it as true.
Third. Although it is alleged that “on account of the publication and circulation of these false, malicious and libelous charges, petitioner has suffered injury and damages to his feelings and reputation,” it is not alleged that he suffered great or considerable injury to his feelings or damage to his reputation.
Opinion.
As to the demand for $10,000 actual damages, however, the petition discloses a cause of action.
The judgment appealed from is annulled, and it is ordered that this case be remanded to the district court for trial, according to the views expressed in this opinion.