190 Mass. 138 | Mass. | 1906
The defendant argues that the first count of the plaintiff’s declaration fails to state any cause of action because the alleged defamatory matter is not libellous, and because it is not averred that the alleged libels were published “ concerning the plaintiff.”
The first count is somewhat inartificially drawn; but in our opinion it sufficiently appears that the first articles averred therein to have been published are set out merely by way of inducement, and that the libel relied upon is contained in the short article appearing at the end of this count. With reference to the last cause of demurrer relied upon, the declaration expressly avers that this alleged libel is published “of and concerning the plaintiff ” and his conduct in his office; and this is a sufficient averment that the publication was made of and concerning the plaintiff. Young v. Cook, 144 Mass. 38. Hurley v. Fall River Daily Herald Publishing Co. 138 Mass. 334. Chenery v. Goodrich, 98 Mass. 224. “ When the words are alleged to be spoken of the plaintiff, no innuendoes are necessary to apply them.” Devens, J. in Young v. Cook, ubi supra.
A more important question is whether the alleged publication is libellous when taken in connection with the previous averments of this count. These averments are in substance that the plaintiff was a member and chairman of the board of police of the city of Lowell; that one Robert E. Crowley was a' candidate for the office of superintendent of streets of said city; that such
The second count may be considered more briefly; for the decision upon it involves only the general principles already stated. It is doubtless manifest that the words “ robbing the taxpayers ” do not necessarily import a charge of felony. Carter v. Andrews, 16 Pick. 1. The words are to be construed as they would be naturally and ordinarily intex’preted by the general reader. Goodrich v. Davis, 11 Met. 473, 481. The innuendo cannot extend the sense of the words beyond the natural import. Goodrich v. Davis, ubi supra. McCallum v. Lambie, 145 Mass. 234. Brettun v. Anthony, 103 Mass. 37. But this action is for libel, not slander, and it is immaterial whether or not participation in any criminal conduct is charged. Atwill v. Mackintosh, 120 Mass. 177. We think that the jury well might find that the defendant charged the plaintiff with being such a man that from his standpoint one who would unlawfully and improperly spend the public money was his ideal superintendent of streets, and that the plain
For the reasons already stated the demurrer must also be overruled as to the third count.
Accordingly the judgment of the Superior Court must be reversed and the demurrer overruled.
So ordered.