Cent. Of Ga. Ry. Co v. Sheftall

• Decision Date: 31 October 1903
• Citation: 45 S.E. 687,118 Ga. 865
• Parties: CENTRAL OF GEORGIA RY. CO. v. SHEFTALL.
• Court: Georgia Supreme Court

45 S.E. 687

118 Ga. 865

CENTRAL OF GEORGIA RY. CO.

v.SHEFTALL.

Supreme Court of Georgia.

Oct. 31, 1903.

LIBEL—INNUENDO—PRIVILEGED COMMUNICATION—PUBLICATION—AMENDMENT OF PLEADING.

1. Words which are clearly not defamatory cannot have their meaning enlarged by innuendo. Words which are libelous per se need no innuendo. Between these extremes lies the case of ambiguous language, where it is for the jury to say whether, in view of all the facts charged, the publication amounted to a libel.

2. The protection afforded privileged communications is lost if the publication was maliciously made.

v 2. See Libel and Slander, vol. 32, Cent. Dig. 149.

3. Each publication gives rise to a separate cause of action, though all may be joined in one suit.

4. But where the petition alleged that the publication was made by delivery of the writing to six designated persons, officers of the defendant, an amendment setting up that the circular was posted on a bulletin board, and thus published to the world, set out a new cause of action, involving a different transaction and different defenses.

(Syllabus by the Court.)

Error from City Court of Macon; Robt Hodges, Judge.

Action by W. C. Sheftall against the Central of Georgia Railroad Company. Judgment overruling a demurrer, and defendant brings error. Affirmed.

Plaintiff alleged in his petition that he was a conductor on the Central of Georgia Railway Company; that on November 9, 1902, because of a mistake as to an order, he was discharged; that his application'for reinstatement was pending until January 3, 1903, when it was finally refused; that when dis charged he had in his possession certain mileage exchange tickets and sleeping car and parlor car tickets, all of which were unused, and good over the defendant's line; that he was ready to turn them over, and defendant, knowing that fact, yet failed to call on him therefor; that he was led to believe by the defendant that he would be reinstated; that, maliciously intending to injure him, the company, through its duly authorized high officials, published of and concerning the plaintiff the following circular:

"Central of Georgia Railway Company. "Passenger Department, "Circular No.————。 "Savannah December 31st 1902. "File No.——X. 6111. "To all Passenger Conductors: "Bulletin.

"Tickets Lost and Scalped: Mileage Exchange Tickets.

"Form M. E. T. Nos. A-4630 to A-4649, inclusive, also Parlor and Sleeping Car Tickets, Form S. C. Nos. T6110 to 6199 inclusive.

"Mr. W. C. Sheftall, formerly employed by this company as conductor on the Second Division, upon leaving the service of the company fails to surrender:

"Mileage Exchange Tickets, Form M. E. T. Nos. A-4630 to A-4649, inclusive, total 20 tickets:

"Parlor and Sleeping-Car Tickets, Form S. C. E. Nos. T-6110 to 6199, inclusive, total 90 tickets.

"If any of the tickets described above are presented for transportation, you must decline to honor them; if possible, lift tickets and send them to General Passenger Agent with full particulars.

"Conductors of trains upon which sleeping cars are operated will please instruct porters fully in regard to the outstanding sleeping car tickets.

"[Signed] W. A. Winburn, "V. P. & T. M "J. C. Haile, "G. P. A. "P. J. Robinson, "A. G. P. A." The petition further alleges that this circular was placed in the hands of and published to one of its division superintendents, and to five or more conductors within the county of Bibb, and was read by them and divers others of its conductors and officials in the county of Bibb; that by the publication the defendant intended, and the publication was considered and understood by the conductors and superintendents who received the same, to charge plaintiff with having feloniously disposed of these tickets, and with scalping the same. The defendant...