Iron Age Pub. Co. v. Crudup

• Decision Date: 16 January 1889
• Citation: 5 So. 332,85 Ala. 519
• Parties: IRON AGE PUB. CO. v. CRUDUP.
• Court: Alabama Supreme Court

5 So. 332

85 Ala. 519

IRON AGE PUB. CO. v. CRUDUP.

Supreme Court of Alabama

January 16, 1889

Appeal from city court of Birmingham; H. A. SHARPE, Judge.

Action by Joseph L. Crudup against the Iron Age Publishing Company for libel published in the Birmingham Age, owned by defendant. Judgment for plaintiff, and defendant appeals.

R H. Pearson, for appellant.

Hewitt, Walker & Porter, for appellee.

CLOPTON J.

The single question in this case, which is an action for libel arises on a demurrer to the complaint. The ground of demurrer is that the publication set forth in the complaint is not libelous per se, and no special damages are averred. A material distinction between verbal and written slander has been long settled, and uniformly maintained, though eminent jurists have been disposed to consider it as not well founded in reason and principle. Many charges are actionable when written or printed which are not when merely spoken. When the words are spoken, and do not impute an indictable offense and are not of such nature as carries a legal presumption of injury to an individual in his office, profession, trade, or business, special damages must be alleged and proved; but when the charge is written or printed, and is libelous per se, special damages need not be averred. In such case, the law infers injury as the natural consequence. The reason of the difference is that words may be spoken in haste or heat of passion, and impressions created soon pass away; but, when written or printed, they are premeditated, more permanent, and calculated to do more injury. The definitions of "libel," as found in the cases, vary somewhat in phraseology, and are more or less comprehensive, as may be called for by the particular charge involved in the case. Generally, any false and malicious publication, when expressed in printing or writing, or by signs or pictures, is a libel, which charges an offense punishable by indictment, or which tends to bring an individual into public hatred, contempt, or ridicule, or charges an act odious and disgraceful in society. This general definition may be said to include whatever tends to injure the character of an individual, blacken his reputation, or imputes fraud, dishonesty, or other moral turpitude, or reflects shame, or tends to put him without the pale of social intercourse. Trimble v. Anderson, 79 Ala. 514; Henderson v. Hale, 19 Ala. 154; Dexter v. Spear, 4 Mason, 115; Adams v. Lawson, 94 Amer. Dec. 455, 460; Solverson v. Peterson, 54 Amer. Rep. 607; 1 Amer. Lead, Cas. 127; 4 Wait, Act. & Def. 282.

In construing the publication complained of, the scope and...