Snider v. Leatherwood

• Decision Date: 25 March 1932
• Docket Number: No. 958.,958.
• Citation: 49 S.W.2d 1107
• Parties: SNIDER v. LEATHERWOOD.
• Court: Texas Court of Appeals

49 S.W.2d 1107

SNIDER v. LEATHERWOOD.

No. 958.

Court of Civil Appeals of Texas. Eastland.

March 25, 1932.

Rehearing Denied May 6, 1932.

Appeal from District Court, Erath County; Sam M. Russell, Judge.

Action by J. W. Leatherwood against Dr. Wm. W. Snider. From judgment for plaintiff, defendant appeals.

Reversed and remanded.

Oxford & McMillan and J. A. Johnson, all of Stephenville, for appellant.

Chandler & Keith, of Stephenville, for appellee.

FUNDERBURK, J.

In August, 1930, J. W. Leatherwood and John Smith were opposing candidates for the nomination in the Democratic (run-off) primary for the office of county commissioner of precinct No. 2, which included the towns of Dublin, Clairette, Alexander, and Lingleville. Leatherwood lived at Lingleville in the northern part of the precinct, and Smith lived a few miles out of Dublin nearer the center of the precinct. Dr. Wm. W. Snider, a citizen of Dublin, wrote a letter which was duly received by the addressee, a citizen of Clairette, as follows:

                                    "August 8, 1930
                

"Dear Mr. Salmon: I am writing you about the Commissioner's race. I believe John Smith is the logical man to be supported. He is in the center of the district and I know he will give every part of the district what it deserves.

"You doubtless are aware that there has been a scheme on foot to have Highway 67 changed to go from Hico to Stephenville, Lingleville and Desdemona, and on west, cutting out Clairette, Alexander and Dublin. I have understood from reliable sources that the one who is to oppose John Smith has been for some time trying to get our Commissioner to build a good road from Lingleville toward Stephenville.

"I hope you will impress upon the voters down there the importance of having a commissioner who favors a highway going direct through Dublin, Clairette, Alexander and Hico, and I am sure that if Mr. Smith is elected he will do all in his power to get this highway built. I have known Mr. Smith for thirty years and I don't know a man in the district who would make a better commissioner.

                                       "W. W. Snider."
                

Smith was nominated.

Leatherwood brought this suit against Dr. Snider for libel, based upon said letter. A part of the alleged libelous words were: "You doubtless are aware that there has been a scheme on foot to have Highway 67 changed to go from Hico to Stephenville, Lingleville and Desdemona, and on west, cutting out Clairette, Alexander and Dublin. I have understood from reliable sources that the one who is to oppose John Smith has been for some time trying to get our commissioner to build a good road from Lingleville toward Stephenville." As to the portion of the letter just quoted, it was alleged by way of innuendo that the words were intended to convey, and did convey to the said Salmon, and to such other people as the said Salmon could influence, "the false idea that plaintiff was engaged in and was cognizant of some diabolical scheme to have Highway No. 67 changed to go from Hico to Stephenville, Lingleville and Desdemona, and to cut out Clairette, Alexander and Dublin, and leave them without the benefit of said Highway No. 67." Another part of the letter complained of was: "I hope you will impress upon the voters down there the importance of having a commissioner who favors a highway going direct through Dublin, Clairette, Alexander and Hico." As to this it was alleged by way of innuendo that it was meant to and did leave the false impression "that this plaintiff was (not) such a commissioner and would (not) make such a commissioner if elected, and that he would oppose and seek to destroy and change Highway No. 67 going directly through Dublin, Alexander, Clairette and Hico, and thus greatly and materially injure each of said towns and the citizens thereof" that by said expression in said letter "defendant meant to convey and did convey the idea that plaintiff was not a man to be relied upon and not a safe man for commissioner; that he was opposed to the best interest of the people of Clairette, Alexander and Dublin, three large voting boxes within Commissioners Precinct No. 2, and that for this reason such voting boxes should not support plaintiff in said election, and that if they did do so they would vote against their own interest; that plaintiff was adverse and antagonistic to the interest of each of said towns and communities"; that thereby the defendant "did insinuate and did charge this plaintiff with being a traitor to the people of the commissioners precinct in which he was offering himself as a candidate for the Democratic nomination for commissioner of Precinct No. 2 of Erath County, Texas, and likewise charged plaintiff directly and indirectly with having entered into a scheme to have Highway 67 changed so as to go from Hico to Stephenville and leave out Alexander, Clairette and Dublin." As to the letter generally it was alleged "that by said writing and the statements therein contained the defendant meant to imply and did imply that the plaintiff was not a man of integrity but that he was possessed of a disposition to cheat, deceive and defraud, and that he was unworthy and discreditable; that he did not possess such qualities as he should possess for the office of Commissioner of Precinct No. 2 of Erath County, Texas, and that he is therefore dishonest and unworthy of trust." There were sufficient allegations as to the falsity of the alleged statements and imputations; that they were published maliciously and resulted in damages to the plaintiff.

The defendant answered by general demurrer, special exceptions, general denial, and, among other things, alleged the truth of the allegations, and that the letter and the occasion of its sending was privileged.

The jury, in answer to special issues, found: (1) That the letter charged plaintiff with having participated in a scheme to have highway No. 67 to go from Hico to Stephenville and Desdemona, and cut out Clairette, Alexander, and Dublin, and leave said communities without the benefit of highway No. 67; (2) that such charge was false; (3) that said letter "charged the plaintiff with being a person who could not be relied upon to give to the people of Alexander, Clairette and Dublin fair and honorable service as commissioner of Precinct No. 2"; (4) that this charge was false; (5) that $200 would reasonably and fairly compensate plaintiff for injuries sustained by him to his feelings, character, and reputation as a citizen; (6) that plaintiff's defeat in the run-off primary was attributable to the letter; (7) that $600 would fully compensate him for his pecuniary injuries sustained by reason of being so defeated; (8) that defendant, in writing and mailing out the letter, was actuated by malice; and (9) that plaintiff should pay $200 as exemplary damages. From a judgment for plaintiff for the total sum of $1,000, the defendant has appealed.

Based upon assignments of error complaining of the action of the trial court in overruling a general demurrer, and certain special exceptions, appellant presents the question of whether, as a matter of law, the letter was susceptible of the meaning ascribed to it in the plaintiff's petition. The letter was not libelous per se. The occasion of its publication was privileged. The letter, if libelous, was only so by reason of unexpressed imputations reasonably inferable from all of the relevant facts and circumstances surrounding the writing and publication thereof. Plaintiff alleged (necessarily by way of inference) certain imputations which, if warranted by the facts, and if false and made with malice, would unquestionably be libelous. The allegations in the nature of inferences or conclusions and necessary in a case like this, where the publication complained of is not libelous on its face or per se, are called "innuendoes." It is the true function of an innuendo to explain but not extend the effect and meaning of the language used, and charged to be libelous. Guisti v. Galveston Tribune, 105 Tex. 497, 150 S. W. 874, 152 S. W. 167. "The office of the innuendo is to connect the defamatory matter with other facts and circumstances sufficiently expressed before for the purpose of showing the meaning and application of the charge. So, the innuendo cannot enlarge or restrict the natural meaning of words, introduce new matter, or make certain that which was uncertain, except insofar as it connects the words published with the extrinsic or explanatory circumstances alleged in the inducement or colloquium." 37 C. J. 24. Giving effect to these principles, it results that a general demurrer, while it admits the truth of the facts alleged, only admits the truth of such inferences therefrom as are reasonably warranted from such facts. A demurrer will not admit the truth of unreasonable or unwarranted inferences from the alleged facts. As said in 37 C. J. 52: "On demurrer the court will inquire whether the innuendo is warranted by the language used, considered in connection with the other facts to which it relates, and if not found warranted the demurrer will be sustained, unless the words without the innuendo are actionable." McCormick v. Houston Printing Co. (Tex. Civ. App.) 174 S. W. 853; Moore v. Leverett (Tex. Civ. App.) 33 S.W.(2d) 833; Enterprise Co. v. Wheat (Tex. Civ. App.) 290 S. W. 212; Express Publishing Co. v. Wilkins (Tex. Civ. App.) 218 S. W. 614; Express Publishing Co. v. Southwell (Tex. Civ. App.) 295 S. W. 181; Fuson v. Abilene Gas &amp Elec. Co. (Tex. Civ. App.) 219 S. W. 208; Harris v. Santa Fe Townsite Co., 58 Tex. Civ. App. 506, 125 S. W. 77; Blum v. Kusenberger (Tex. Civ. App.) 158 S. W. 779; Democrat Publishing Co. v. Jones, 83 Tex. 302, 18 S. W. 652.

By application of these principles let us now consider if plaintiff's petition showed actionable libel. Libel is defined by statute. Rev. St. 1925, art. 5430. Omitting the elements of the statutory definition which can have no application to the state of facts...