Cohen v. Cowles Pub. Co.
| Decision Date | 31 August 1954 |
| Docket Number | No. 32809,32809 |
| Citation | 45 Wn.2d 262,273 P.2d 893 |
| Court | Washington Supreme Court |
| Parties | COHEN, v. COWLES PUBLISHING CO. et al. |
Edward P. Ferris, Spokane, for appellant.
Witherspoon, Witherspoon & Kelley, Spokane, for respondent.
This is an appeal from a judgment dismissing a civil action for libel after an order had been entered sustaining a demurrer to the complaint, and plaintiff had refused to plead further.
The action was against the Cowles Publishing Company and Frank C. Ferguson and wife. The company publishes and circulates 'The Spokesman-Review', a daily newspaper in Spokane and the area known generally as the 'Inland Empire' and vicinity. Ferguson was employed as a reporter and associate editor of The Spokesman-Review.
The complaint alleged that on the 21st day of September, 1953, the defendant Ferguson, on behalf of himself and the marital community of himself and his wife, and as the agent for the Cowles Publishing Company, 'falsely composed, published and circulated of and concerning the plaintiff and the same was so understood by the readers of said Spokesman-Review so composed, published and circulated by the defendants, the matter following to-wit:'
'Bad Ride For Call Call
The complaint then particularized the allegations of falsity in Paragraph V thereof, as follows 'That the aforesaid publication was intended to and did falsely charge Plaintiff as a coward and a bad rider in his profession as a jockey which tends to and does destroy plaintiff's good name and reputation in his business as a jockey and likewise tends to and does expose plaintiff to hatred, contempt, ridicule or obloquy and deprives him of the benefit of the public confidence.'
We do not find it necessary to determine whether or not this article was libelous per se, because it constituted fair comment on appellant's performance as a jockey. Although the privilege of fair comment is a matter of defense, that question may be raised by demurrer where the privilege is clearly shown on the face of the complaint....
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Taskett v. King Broadcasting Co.
...by a private person in the case of fair comment upon persons involved in public events, if not malicious. Cohen v. Cowles Publishing Co., 45 Wash.2d 262, 273 P.2d 893 (1954). In that case, the court said at page 264, 273 P.2d at page Persons who present their work or products to the public ......
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Maidman v. Jewish Publications, Inc.
...850, 245 S.W.2d 403, 405; Tierman v. East Shore Newspapers, 1953, 1 Ill.App.2d 150, 116 N.E.2d 896, 898; Cohen v. Cowles Publishing Co., 1954, 45 Wash.2d 262, 273 P.2d 893, 894; 1 Harper and James, Torts § 5.28, pp. 457, Maidman alleged that this editorial was published maliciously. 'Said e......
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Exner v. American Medical Ass'n
...that person's reputation. See Walker v. D'Alesandro, 212 Md. 163, 129 A.2d 148, 64 A.L.R.2d 231 (1957); Cohen v. Cowles Publishing Co., 45 Wash.2d 262, 273 P.2d 893 (1954), and the cases discussed The article finally proceeds to attack on a more personal basis others who opposed fluoridatio......
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Miller v. Argus Pub. Co., 41264
...the common law sense, if based upon a false statement of fact, defendant's contention on this point fails. See Cohen v. Cowles Publishing Co., 45 Wash.2d 262, 273 P.2d 893 (1954). Defendant attacks the trial court's instruction on fair comment and assigns error to the rejection of its propo......
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Libel: Taskett v. King Broadcasting Co.-a New Washington Standard
...Publishing Co., 46 Wash. 2d 666, 284 P.2d 296 (1955), cert, denied, 350 U.S. 968 (1956); Cohen v. Cowles Publishing Co., 45 Wash. 2d 262, 273 P.2d 893 (1954). See also Comment, An Outline of the Law of Libel in Washington, 30 Wash. L. Rev. 36 (1955). 13. 376 U.S. 254 (1964). 14. Id. at 271.......