66 Cal. 339 | Cal. | 1885
Action for libel, brought by the publisher of one newspaper against the publishers of another newspaper. The article published in the latter newspaper charged the plaintiff with being party to a secret conclave, in which he, the plaintiff, sold the support and advocacy of the former newspaper to certain corporations, for a large sum of money.
The defendants demurred to the complaint, on the ground that it did not set forth facts which constitute a cause of action, and that the alleged libelous matters were not libelous.
The demurrer was sustained, and the plaintiff declining to amend, judgment went for defendants.
As a journal, the only relations existing between a newspaper and the public -are the relations between it and its readers; outside of its readers it has no relations with the public. It is fair to presume that its readers are such, because of their sym
To illustrate: Suppose the proprietors of the Gall and Bulletin had announced in the columns of those papers that they had changed their course, and that they had negotiated a sale of their support and advocacy to the railroad corporations named in the complaint, for the sum of thirty odd thousand dollars ; would such an announcement have exposed the proprietors to-contempt or ridicule, or have tended to injure them in their occupation ? If not, there is no libel in the article complained of. If yea (and of this there can be no doubt), the article is foundation for an action.
Judgment reversed, and cause remanded, with instructions to overrule the demurrer, with leave to defendants to answer.
Thornton, J., and Sharpstein, J., concurred.