113 A. 16 (Me. 1921), Herrick v. Evening Express Pub. Co.

Citation:113 A. 16, 120 Me. 138
Opinion Judge:MORRILL, J.
Party Name:HERRICK v. EVENING EXPRESS PUB. CO.
Attorney:William R. Roix, of Presque Isle, for plaintiff. William C. Eaton, of Portland, for defendant.
Judge Panel:Argued before CORNISH, C. J., and HANSON, PHILBROOK, MORRILL, and WILSON, JJ.
Case Date:April 04, 1921
Court:Supreme Judicial Court of Maine

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113 A. 16 (Me. 1921)

120 Me. 138

HERRICK

v.

EVENING EXPRESS PUB. CO.

Supreme Judicial Court of Maine.

April 4, 1921

Argued before CORNISH, C. J., and HANSON, PHILBROOK, MORRILL, and WILSON, JJ.

William R. Roix, of Presque Isle, for plaintiff.

William C. Eaton, of Portland, for defendant.

MORRILL, J.

Defendant's general demurrer to the declaration was overruled, and the case is before us upon exceptions to that ruling.

The material facts alleged in the declaration may be succinctly stated thus: On August 5, 1918, the plaintiff was living, and engaged in business, in Washburn, Aroostook county; she was the mother of Nathan C. Herrick, who on that date was serving in the American Expeditionary Forces overseas. The defendant is the publisher of a daily paper in Portland, called "Evening-Express Advertiser"; in the issue of that paper of said 5th day of August, under the heading of "Boy Dies Across," the defendant, in the language of plaintiff's allegation, "carelessly and negligently published a certain sketch of Nathan C. Herrick of Mechanic Falls, son of Mrs. A. C. Herrick of Mechanic Falls, who was killed across, and carelessly and negligently below the title of said sketch published the picture of Nathan C. Herrick, son of Mrs. A. C. Herrick of Washburn, Maine." A copy of this issue came in the usual course of distribution to the house of one Katherine Chouinard of Portland, a sister of the plaintiff, with whom the plaintiff and her husband were visiting, and was seen by the plaintiff, who, as the plaintiff alleges, "recognized the picture as that of her son and immediately after seeing the picture looked above said picture at the heading of the sketch connected with the picture and read, 'Boy Dies Across,' meaning and conveying to the plaintiff the news that Nathan C. Herrick, son of Mrs. A. C. Herrick, the said plaintiff, was dead, and solely because of the careless and negligent publishing

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of the picture of Nathan C. Herrick, son of the plaintiff, by the said defendant corporation, the said plaintiff immediately became sick and disordered in mind and body and so remained and continued for a long space of time, to wit, to the time of the making of this writ, during all of which time the said plaintiff suffered great pain in body and mind and was hindered and greatly prevented from performing and transacting her lawful business as milliner...

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