Callfas v. World Pub. Co.

• Decision Date: 31 January 1913
• Docket Number: No. 16,785.,16,785.
• Citation: 139 N.W. 830,93 Neb. 108
• Parties: CALLFAS v. WORLD PUB. CO.
• Court: Nebraska Supreme Court

93 Neb. 108

139 N.W. 830

CALLFAS

v.WORLD PUB. CO.

No. 16,785.

Supreme Court of Nebraska.

Jan. 31, 1913.

Syllabus by the Court.

In an action for libel, if the publication complained of makes general charges against the plaintiff, an answer in general terms that the charges are true is insufficient. The facts must be stated showing that the charge made is true. If the facts are specifically stated in the charge as published, a general allegation that they are true is sufficient.

In such action if the published words are obviously defamatory--that is, libelous per se--it is not necessary by innuendo to allege or explain the meaning of the words published, nor to allege special damages.

If the published words are ambiguous, or are meaningless unless explained, or prima facie innocent, but capable of defamatory meaning, the plaintiff must specially allege and prove the defamatory meaning of the words used, and must allege and prove special damages. In such case, if no special damages are alleged and proved, there can be no recovery.

The publication in this case not being obviously defamatory, and there being no allegation and proof of the facts from which it can be found that the plaintiff has suffered special damages for which the defendant is liable, the judgment for the defendant was the only judgment possible.

Appeal from District Court, Douglas County; Day, Judge.

Action by Jennie Callfas against the World Publishing Company. Judgment for defendant, and plaintiff appeals. Affirmed.

A. S. Churchill, of Omaha, for appellant.

Stout & Rose, of Omaha, for appellee.

SEDGWICK, J.

The plaintiff alleged in her petition that the defendant is a corporation with its principal place of business in Omaho, Neb., “engaged in publishing a newspaper generally known as the World Herald, which has a large circulation in the cities of Omaha, South Omaha, state of Nebraska, and in various other cities and states,” and the defendant published two articles of and concerning the plaintiff, one on or about the 12th day of May, 1908, and the other on or about the 24th day of May, 1908. She alleged that these articles were libelous, and asked for damages in the sum of $25,000. Upon issue being joined and tried to the jury, there was a verdict and judgment in favor of the defendant, and the plaintiff has appealed.

The record is very large, and the plaintiff has filed a voluminous brief, assigning and discussing very many alleged errors. The amended petition with the exhibits attached consists of more than 40 sheets of closely typewritten matter, and the evidence as contained in the bill of exceptions covers more than 1,000 sheets. It will be impracticable here to make even a synopsis of the pleadings and evidence. We will have to be content with such reference to the record as we think will illustrate some of the principal questions presented. The petition alleges that the plaintiff is a resident of the city of Omaha, and has been since the 1st day of June, 1907, and that before coming to the city of Omaha she resided in the city of St. Louis for a number of years, and that in the year 1900 she entered the Barnes University Medical Department of St. Louis, Mo., and took the regular medical course prescribed, which continued for the full course of four school years, and that she graduated from the institution on the 3d day of May, 1904, and received a diploma which conferred upon her the degree of doctor of medicine, with all its rights, benefits, immunities, and privileges. The petition then sets out some of the provisions of the statute of Missouri regulating the practice of medicine, surgery, and midwifery, which prescribe the conditions and manner of obtaining a license to practice medicine in the state, and alleges that she complied with those conditions, and received a license from the state board of health of the state of Missouri, and that she was then appointed to the position of “hostess of the Temple of Fraternity, at the Louisiana Purchase Exposition held in the city of St. Louis, Missouri, during the year 1904,” and was about the same time “appointed lady physician of the same,” and “employed as lady physician of a concession at said exposition known as the ‘Boer War’ ”; that “during said time the plaintiff had under treatment as such physician a very large number of patients who were afflicted with a great variety of diseases and ailments, and derived therefrom a large experience in her profession”; that at the close of the exposition she “entered upon the general practice of her profession in the city of St. Louis, and state of Missouri,” and that “on or about the 15th of May, 1907, the plaintiff was duly elected by the Supreme Forest Woodmen Circle at its regular biennial session to the position of Supreme Physician of the Supreme Forest Woodmen Circle and entered upon the discharge of her duties as such Supreme Physician on or about the 1st day of June, 1907, and continued to perform the same until on or about the 1st day of June, 1908.” She then alleges that on the 12th day of May, 1908, the defendant “published of and concerning the plaintiff a false, wanton, sensational and libelous article,” as follows:

“Dr. Callfas is Silent on Case.

Will Not Talk About the Poisoned Candy and Alludes to Charge Against Her.

Shows the Effects of Strain and Refuses to Discuss Any Details.

Dr. Callfas, whose mysterious poisoning through a box of bonbons left on her porch May 1 has been (been) a ten days sensation, was at her desk as usual while the meeting of the board of managers of the Woodmen Circle was in progress in the same building.

She denied herself to all callers until Tuesday morning, when she talked to the World Herald. She sat at her heavy oak desk in her beautifully appointed office, gowned in an expensive and heavy black silk.

‘When the time comes, I will make a statement’ she said, a trifle sharply. Her eyes and face showed the effects of the two weeks' strain upon her. When asked whether she would talk of the finding of the candy,she frowned deeply and called to a stenographer in the outer room, ‘Anna.’

The stenographer came into the room and aimlessly leaned against the desk, pretending to open a bundle of mail. The doctor's palpable subterfuge and reluctance to talk without a witness was openly apparent.

‘The newspapers have treated me very unkindly,’ she said. ‘When Mrs. Manchester says repeatedly that there is no trouble, why cannot they let the matter drop. If you want to write a sensational story, go write it and print the charges the other side make against me. When the time comes, I will talk and talk plenty. There is much to be said on my side and I will say it when I get ready. I have retained attorneys, but I refuse to tell who they are, because it is my business and no one's else.’

‘Will you attend the annual meeting today?’ she was asked. Her eyes snapped and she straightened herself in her chair, gripping the sides with a jerk. ‘Of course I will,’ she said. ‘Why not? This is merely an annual meeting and nothing but reports will be heard. If this matter of the poisoned candy is to be brought up, I have not heard of it. And if the newspapers don't look out, they may get themselves into trouble by what they print.’

The determined glance with which she turned to her desk and rustled her heavy silken garments showed that in any contest of will with her sister officials, Dr. Callfas would not depend entirely upon tact or policy in the management of her affairs.

Dr. Callfas, the husband, is in the employ of a prominent ear specialist in this city, and is studying this line of his profession with a view of specializing. He says that his wife has never practiced medicine and he appears to be much worried about the outcome of the matter. Both husband and wife are Canadians and middle aged people. He is getting but a moderate salary while he studies, while his wife draws $300 a month as Supreme Physician of the Woodmen Circle.

The matter had not come before the council meeting at noon, although members of the board had been in close council with the chief of police this morning regarding the outcome of the poison case.”

The petition then contains allegations showing that the Supreme Forest Woodmen Circle is a fraternal beneficiary corporation organized under the laws of Nebraska, and that its constitution provides for the election of a Supreme Physician of the order whose term of office shall be four years, and alleges that an executive council of the order held one of its sessions in Omaha on the day that the defendant published the said article. The defendant...