Snead v. Forbes, Inc.
Decision Date | 06 October 1971 |
Docket Number | No. 54501,54501 |
Parties | J. L. S. SNEAD, Plaintiff-Appellant, v. FORBES, INC., Defendant-Appellee. |
Court | United States Appellate Court of Illinois |
Philip H. Corboy and James P. Chapman, Chicago, for appellant.
Robert F. Hanley and Arthur H. Martin, Chicago, for appellee; Jenner & Block, Chicago, of counsel.
Plaintiff J.L.S. Snead, brought this action to recover damages allegedly occasioned by certain libelous articles printed by defendant, Forbes, Inc., in its nationally distributed business magazine. Plaintiff contended that the articles which appeared in Forbes Magazine constituted libel per se (without proof of special damages required) because the article imputed inability to plaintiff to perform his duties as a professional business executive. After defendant's motion to dismiss was denied, defendant then moved for summary judgment, contending that as a matter of law, the articles were not libelous per se. The trial court granted defendant's motion. On appeal, plaintiff contends that under New York substantive law, the articles, taken as a whole, constitute libel per se and in the alternative, under Illinois substantive law, the articles also constitute libel per se.
We must first summarize the contents of the two disputed articles. The first article, 'A Tale of Three Drivers' appeared in the September 1, 1964, issue of Forbes Magazine (hereinafter Forbes). The second article, 'Here Come the Trucks' appeared in the December 1, 1964 issue of Forbes. Both articles deal with fluctuations in the fortunes of the trucking industry, with the first article focusing on Consolidated Freightways, the nation's largest trucking company.
The first disputed article, 'A Tale of Three Drivers', postulates that the creation of a successful large corporation requires a development in three stages, accompanied by what it calls 'three contrasting styles of management.' The article details those stages and describes the accompanying styles of management, by fixing upon the activities of the men who ran Consolidated Freightways during its growth into the nation's largest trucker. 'A Tale of Three Drivers' describes the stewardships of each of Consolidated Freightways' three presidents: Leland Jones, the founder and first president, described as 'The Depression Kid'; plaintiff, J.L.S. Snead, the second president, described as 'The Zeckendorf of Transportation'; and William White, the third and current president, described as 'Bill the Digester'. The article's appraisal of each stewardship is best illustrated by the substitute to the article:
Plaintiff's achievements are discussed as illustrative of the management style characteristic of a company's middle stage of growth: 'wild expansion'. Plaintiff is presented as an ambitious executive who engineered an enormous growth in a short time:
Freightliner. Today Consolidated makes about 4,000 of these $15--20,000 truck-tractors and trucks a year and White sells them. Snead also bought another winner: Transicold, which makes refrigeration equipment for vehicles and is second only to Westinghouse in this field.
The second disputed article, 'Here Come the Trucks' is not an article about Consolidated Freightways. It does mention the company, but makes no mention of the plaintiff. Rather it is a general review of the trucking industry's fortunes from the beginning of the 1930's to the mid 1960's. The specific example in the article which plaintiff objects to reads as follows:
...
To continue reading
Request your trial-
Kamelgard v. Macura
...Velle Transcendental Research Ass'n, Inc. v. Esquire, Inc., 41 Ill. App.3d 799, 354 N.E.2d 622, 625 (1976); Snead v. Forbes, Inc., 2 Ill.App.3d 22, 275 N.E.2d 746, 748-49 (1971); Rice v. Nova Biomedical Corp., 38 F.3d 909, 915-16 (7th Cir.1994) (Illinois law), as elsewhere. Selle v. Pierce,......
-
Adams v. Frontier Broadcasting Co.
...teachers in a high school who consistently were subjects of intense public interest and substantial publicity); Snead v. Forbes, Inc., 2 Ill.App.3d 22, 275 N.E.2d 746 (1971) (Former president of a large trucking company who was prominent in the industry); A. S. Abell Co. v. Barnes, 258 Md. ......
-
Rosner v. Field Enterprises, Inc., 1-87-1137
...N.E.2d 1358 (second appeal following remand, 111 Ill.App.3d 427, 67 Ill.Dec. 214, 444 N.E.2d 253 (1982)). In J.L.S. Snead v. Forbes, Inc. (1971), 2 Ill.App.3d 22, 275 N.E.2d 746, the court agreed that under the New York Times rule, constitutional guarantees of freedom of speech and press ex......
-
Quilici v. Second Amendment Foundation
...596 (1970) (adopting the Restatement (Second) Conflict of Laws "most significant relationship" test); Snead v. Forbes, 2 Ill.App.3d 22, 26-7, 275 N.E.2d 746, 748-49 (1st Dist.1971) (in multistate defamation cases the state with the most significant relationship to the case is usually the st......