Harriss v. Metropolis Co.

• Decision Date: 20 March 1935
• Citation: 160 So. 205,118 Fla. 825
• Parties: HARRISS v. METROPOLIS CO.
• Court: Florida Supreme Court

160 So. 205

118 Fla. 825

HARRISS v. METROPOLIS CO.

Florida Supreme Court, Division B.

March 20, 1935

Error to Circuit Court, Duval County; De Witt T. Gray, Judge.

Action by Blanton M. Harriss against the Metropolis Company. To review a judgment for defendant on demurrer, plaintiff brings error.

Affirmed.

COUNSEL

Evan Evans, of Jacksonville, for plaintiff in error.

Sabel &amp Reinstine, of Jacksonville, for defendant in error.

OPINION

PER CURIAM.

The declaration, containing three counts, in effect, alleges:

'Comes now the plaintiff in the above entitled cause, Blanton M Harriss, by his attorney, and sues The Metropolis Company a corporation, defendant, for this, to-wit:

'1. That at all times hereinafter mentioned the defendant was publisher of a newspaper in the city of Jacksonville, Duval County, Florida. called 'Jacksonville Journal'; that for many years prior to the committing by the defendant of the grievance hereinafter alleged, plaintiff has been employed in newspaper work in the city of Jacksonville, Duval County, Florida, and had been honestly acquiring great gains in his said business, and had so conducted himself in his said business as to deservedly obtain the good opinion and credit of his neighbors and other good and worthy citizens of said community to whom he was in anywise known.

'Yet the defendant, well knowing the premises and maliciously intending to injure the plaintiff in his said business and otherwise, * * * falsely and maliciously published in said newspaper and of and concerning the plaintiff in his said employment or business, the following words, that is to say:

"The Shameful Facts.

"Bill Harriss (meaning thereby the plaintiff who was commonly known by said name), for 21 years employed on the morning paper (meaning thereby The Florida Times-Union, a newspaper published in the city of Jacksonville, Florida), was fired Saturday by the three railroad attorneys who are directors of that paper.

"The Times-Union was exposed Saturday by The Journal in suppressing a story about the canal--a favorable story. That railroad owned newspaper was completely shown up by the facts. There was no escape. It stood before the people indicted and convicted of betraying this city's best interests.

"The directors met--three railroad attorneys. They assembled Saturday afternoon.

"Final result: Bill Harriss was fired. He was the one who had left out the story. In leaving it out he was merely following Times-Union policy, as he had done during all those 21 years. He knew what was expected of him, and he did it.

"Bill Harriss is without a job now, anyhow and probably the three directors feel cleansed of any stain that was upon the name of the Times-Union.

"It will be difficult for Harriss to get a job in his chosen profession. Working on the Times-Union is not much like working on other newspapers.

"In his 21 years on that paper Bill had thrown out many a story that the railroads didn't like--stories that were legitimate news on any other paper.'

"That more than five days before the institution of this action the plaintiff served notice in writing on defendant, specifying the articles and the statements therein which he alleges to be false and defamatory, but that the defendant did not within ten days, or any other time, after the service of said notice publish a correction, apology or retraction of said false and defamatory matter.

'Wherefore plaintiff brings this suit and claims $25,000.00 damages of defendant.

'2. * * * Plaintiff alleges all the allegations of the foregoing count, and further alleges that the defendant willfully, wantonly and maliciously published such false and defamatory matter over the protest of plaintiff made to defendant prior to the publication thereof.

'That by reason of the premises plaintiff has been brought into public scandal and disgrace in his said profession, and divers of his neighbors and other good and worthy citizens of said community have been led to believe that plaintiff did not discharge the duties of his said profession with integrity and propriety of conduct. * * *

'3. * * * That just previously to the publication by defendant of the false and defamatory matter hereinafter alleged, plaintiff's employment as night editor of the Florida Times-Union, another newspaper published in said city of Jacksonville, had been terminated, and plaintiff was then in search of other employment in his said profession.

'That the defendant, maliciously intending to injure the plaintiff in his said profession and otherwise, * * * falsely and maliciously published in defendant's said newspaper and of and concerning the plaintiff in his said profession, the following words, that is to say:

"It will be difficult for Harriss to get a job in his chosen profession. Working on the Times-Union...