80 Wis. 455 | Wis. | 1891
Within the rules of law frequently announced by this court we must hold that the article in question was libelous per se. Bradley v. Cramer, 59 Wis. 309, and cases there cited; Gauvreau v. Superior Pub. Co. 62 Wis. 409; Moley v. Barager, 77 Wis. 43. The principles upon which such rules are based, and the reasons for the. same, need not be here repeated. The question presented is one of pleading. Upon this demurrer the allegations of the complaint must be taken as true. 62 Wis. 401. This being so, we must assume for the purpose of this appeal that the article was published of and concerning the plaintiff ; that it was false; and that the defendant wilfully and -intentionally sold and delivered the paper containing the article as therein alleged.
The learned counsel for the defendant contends with much ingenuity that the defendant can only be held liable in case he so sold and delivered the paper knowing that it contained the article in question; and hence that the complaint is defective in not alleging that he knew the paper
Since, under the authorities cited, proof of sale and delivery of the paper containing the article in question would he prima facie evidence of the wilful and malicious publication of the libel, the allegation to the effect that the defendant wilfully and, intentionally sold and delivered the
By the Court.— The order of the circuit court is affirmed.