Carlson v. Minnesota Tribune Company

• Decision Date: 13 November 1891
• Citation: 50 N.W. 229,47 Minn. 337
• Parties: Emma Carlson v. Minnesota Tribune Company
• Court: Minnesota Supreme Court

50 N.W. 229

47 Minn. 337

Emma Carlson v. Minnesota Tribune Company

Supreme Court of Minnesota

November 13, 1891

Action for libel, brought to the district court for Hennepin county with damages laid at $ 5,000. Defendant appeals from an order by Hicks, J., overruling its demurrer to the complaint.

Order reversed.

Rea Miller & Torrance, for appellant.

Noyes & Smith, for respondent.

OPINION

Collins, J.

Action for libel alleged to have been perpetrated by a publication in defendant's newspaper. A demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, was interposed and overruled. In the pleading, following general averments as to the corporate capacity and business of the defendant, was the alleged libellous article as published and in full. In order that our views as to the insufficiency of the complaint may be understood it seems essential that the entire article, although lengthy, be repeated. It was as follows:

"He Saved the Girl.

"A Strange Affair in a Hennepin Avenue Boarding-House.

"The door-bell of a Hennepin-Avenue boarding-house rang the other night. It had rung often before, and on the very same night too; but on all the former occasions when the front door was opened some one was found on the other end of the bell-cord. But this time the male proprietor of the boarding-house, who answered the bell, found the front steps deserted, and not a soul in sight. A piece of paper lay upon the door-sill. The proprietor picked it up, went inside, and read the following surprising communication: 'Will you kindly allow the girl that Mrs. Carlson engaged to work for her to come over to 631 Hennepin avenue for a few moments. I understand that Mrs Carlson has been insulted by you or some one in the house. My advice to you is to let her come, as it will probably save you considerable trouble. E. H. Murray, Jr.' He had no sooner finished reading the note than the door-bell rang again. Again he opened the door, and again found no one there; but upon going out into the street he saw two policeman and a woman talking together. A moment later they approached the house. As soon as they were in front of it one of the policemen said: 'You have a girl in this house who wants to go away.' The proprietor answered that that was the first he knew of it. 'But this woman here says you have. She says you are keeping the girl a prisoner in your house.' 'She does, eh? Well, I can't understand it. Come in, and I'll ask my wife, who has charge of the household affairs.' The proprietor's wife was seen and denied the story, but related another, which put the woman who made the charge in an awkward situation. There is a girl here,' she said, 'a country girl, who has been solicited by this woman to go to a certain place. I advised the girl not to go, for I suspected something wrong. I think she is trying to entice the girl to a bad place.' This angered the woman, and she made a sharp reply, whereupon the proprietor of the house said to her: 'Do you want me to tell the officers what I know of you?' This silenced the...