Wandt v. Hearst's Chi. Am.

• Decision Date: 09 October 1906
• Citation: 109 N.W. 70,129 Wis. 419
• Parties: WANDT v. HEARST'S CHICAGO AMERICAN.
• Court: Wisconsin Supreme Court

129 Wis. 419

109 N.W. 70

WANDT

v.HEARST'S CHICAGO AMERICAN.

Supreme Court of Wisconsin.

Oct. 9, 1906.

Appeal from Circuit Court, Milwaukee County; Warren D. Tarrant, Judge.

Action by Rose Wandt against Hearst's Chicago American. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

This is an action for libel. The complaint charged in effect that the defendant corporation published and circulated in its newspaper, in the city of Milwaukee, the following article with the picture or photograph of the plaintiff immediately under the first headline:

“Suicide Girl Laid to Rest.

Evelyn Daly, Suicide.

[Photograph.]

Evelyn Daly Succeeded in Taking Her Life After Twenty-five Attempts.

(Special to the American.)

Milwaukee, Aug. 17.--Evelyn Daly, daughter of Mrs. E. L. Daly, of East Lake, Mich., and who, under the name of Cecil Davis, of Cadillac, Mich., succeeded in ending her life after twenty-five attempts, was buried here to-day. Here are some of the attempts she has made within the last three months.

June 5--Took morphine; went to Emergency Hospital and asked to be pumped out.

July 5--Tried to fall on dagger, but only scratched her neck.

July 30--Jumped off open bridge, but found water too cool for comfort and yelled for help, which came in time to save her life.

August 14--Took carbolic acid and died at Emergency Hospital.

Miss Daly was known to the police as a suicide fiend. She would try to commit suicide at the least provocation.

She never tried hanging. She said she didn't like the illuminating gas method, and only tried that once. But carbolic acid, morphine and laudanum were common poisons to her. She came here about five years ago and soon manifested her suicidal mania. Usually after taking poison she would call for the police patrol to take her to the hospital, or go herself and get the poison removed.

Sometimes she was too far gone to make her own call for help, but this was seldom,”--and that the defendant thereby falsely, willfully, and maliciously charged the plaintiff with having committed suicide, and with having many times attempted to commit suicide, to her great damage. A general demurrer to the complaint was overruled, and the defendant appeals.Robert N. McMynn (Darrow, Master & Wilson, of counsel), for appellant.

Fiebing & Killilea and O. G. Hackbarth, for respondent.

WINSLOW, J. (after stating the facts).

It is elementary that written or printed publications which falsely tend to bring the plaintiff into public disgrace, contempt, or ridicule are libelous. Bradley v. Cramer, 59 Wis. 309, 18 N. W. 268, 48 Am. Rep. 511. It is also elementary that a libel need not be in printed language, but that a caricature, or picture, or effigy, with or without printed language, which is understood to refer to the plaintiff, and which has the tendency to bring disgrace, contempt, or ridicule upon the plaintiff, is libelous. Newell on Slander and Libel (2d Ed.) p. 43, c. 4, §...