Nordlund v. Consolidated Elec. Co-op.
Decision Date | 09 April 1956 |
Docket Number | CO-OPERATIVE,No. 1,No. 44905,44905,1 |
Citation | 289 S.W.2d 93,57 A.L.R.2d 832 |
Parties | Marvin R. NORDLUND, d/b/a Rural Gas Service Company, Appellant, v. CONSOLIDATED ELECTRIC, a Corporation, Leo R. Hoer, Otis LeMasters, Orma E. Mackey, Frank P. Wilfley, Lester England, Stanley A. Oliver, Carroll Keithley, Stephen B. Owings, Thomas F. Callis, and Raymond D. Buresh, Respondents |
Court | Missouri Supreme Court |
Lon J. Levvis, Mexico, for appellant.
J. W. Buffington, Mexico, Gregory C. Stockard, Jefferson City, for respondents.
This is an action to recover damages for libel. Plaintiff asked $50,000 actual and $50,000 punitive damages. The trial court dismissed the petition on the ground that no cause of action was stated. From the judgment of dismissal, plaintiff appealed.
Plaintiff Marvin R. Nordlund, doing business as Rural Gas Service Company, was engaged in selling to people in the territory in and about Mexico, Missouri, and to dealers in nearby towns, liquefied petroleum gas in bulk as fuel for hearing, cooking, and powering motors.
The defendant Consolidated Electric Co-operative is a corporation engaged in selling electric current and service to persons in Mexico, Missouri, and in large number of towns in that territory. The individual defendants named in the petition are officers of the defendant corporation.
It was alleged in the petition that the chief product sold by plaintiff was liquefied petroleum gas, commonly called or referred to as 'LP gas' and was so known in trade journals throughout plaintiff's sales territory. It was further alleged that the defendants from time to time published and distributed trade papers or pamphlets under the name of 'REA Electric Gleams' and that about April 15, 1954, a pamphlet was issued and distributed which contained the following which plaintiff says was libelous:
Plaintiff alleged that the statement, 'Now they (the 'many farm folks' using LP gas) find that there are four big stumbling blocks in its use.' is false; that the statement implies that those using LP gas were deceived by the seller of the gas; that the statement is unfair, vicious, malicious, and a libelous attack upon the plaintiff and his product. Plaintiff in his petition made similar charges as to the statement published in the pamphlet, 'The pilot light clogs or blows out.' Concerning the statement contained in paragraph 2 of the pamphlet, plaintiff said it was false and imputed to plaintiff the commission of a crime of furnishing gas not odorized as required by the regulations promulgated by authority of Chapter 323, RSMo 1949, V.A.M.S. Plaintiff further stated that the matters set forth in paragraph 4 were false and that all of the statements were made and published with intent to injure plaintiff in his business; that the publication of the statements was wantonly and maliciously made. Plaintiff made an allegation of general damages. Special damages were not stated.
Plaintiff in his brief says that the trial court erred in dismissing his petition; that a cause of action in libel was stated; that the motion to dismiss admitted the truth of all facts pleaded including the 'meaning ascribed by the innuendo in this petition to the published words.'
Defendants in their brief say that the vital question presented for our determination is whether the alleged libelous statements pleaded are what is known in law as libel per se or libel per quod. 53 C.J.S., Libel and Slander, Sec. 8, pp. 41-45. Defendants say further that if the alleged libelous matter is libelous per se, then the petition states a cause of action. If, however, the statements constitute libel per quod, the petition does not state a cause of action for the reason that in such a case special damages must be pleaded and that special damages were not here pleaded. 53 C.J.S., Libel and Slander, Sec. 162, pp. 247-253.
Section 559.410 RSMo 1949, V.A.M.S. defines libel. In Coots v. Payton, Mo., 280 S.W.2d 47,...
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Brown v. Kitterman
...present rule the petition could not state a claim for libel per quod. However, plaintiff argues that Nordlund v. Consolidated Electric Co-operative, Mo., 289 S.W.2d 93, 57 A.L.R.2d 832; Langworthy v. Pulitzer Publishing Co., Mo., 368 S.W.2d 385; Otto v. Kansas City Star Company, Mo., 368 S.......
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Hellesen v. Knaus Truck Lines, Inc., 49845
...a libel per se in order to be actionable. Langworthy v. Pulitzer Publishing Co., Mo., 368 S.W.2d 385; Nordlund v. Consolidated Electric Co-Op., Mo., 289 S.W.2d 93, 57 A.L.R.2d 832. In such a situation we consider the words of the letter, stripped of extraneous allegations. Langworthy, supra......
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Langworthy v. Pulitzer Pub. Co.
...words not defamatory per se may state a cause of action for what is referred to as libel per quod. See Nordlund v. Consolidated Electric Co-operative, Mo., 289 S.W.2d 93, 57 A.L.R.2d 832; 53 C.J.S. Libel and Slander Sec. 8, pp. 43-44. However, the petition must allege extrinsic facts which ......
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May v. Greater Kansas City Dental Soc., No. WD
...be actionable, they must refer to the plaintiff and to be understood by others as referring to the plaintiff. Nordlund v. Consolidated Elec. Co-Op., 289 S.W.2d 93, 95 (Mo.1956); Norris v. Brady, 234 Mo.App. 437, 132 S.W.2d 1059, 1061 (1939); Byrne v. News Corp., 195 Mo.App. 265, 190 S.W. 93......