Washington Post Co. v. Kelly, 4816.
Decision Date | 04 February 1930 |
Docket Number | No. 4816.,4816. |
Citation | 38 F.2d 151 |
Parties | WASHINGTON POST CO. v. KELLY. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
W. J. Lambert and R. H. Yeatman, both of Washington, D. C., for appellant.
L. H. David and V. H. Wallace, both of Washington, D. C., for appellee.
Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.
Appeal from a judgment for the plaintiff (appellee here) in the Supreme Court of the District in an action for libel based upon the following article published in appellant's newspaper in the District of Columbia:
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All the assignments of error necessary to be noticed, to quote from appellant's brief, "raise substantially the same questions, namely, whether or not the article complained of on its face shows that any part of it, which might be considered libelous, was published of and concerning plaintiff, or could be so understood by average readers of The Post."
For several years prior to the publication of this article, appellee, an unmarried woman, had lived at the Norwood apartment house, 1341 East Capitol street, Washington, D. C., with two of her unmarried sisters. She had been an employee of the Bureau of Engraving and Printing for many years, and had been in no way connected with the incident referred to in the article; all of which would have appeared had any real attempt been made to develop the truth.
In view of what follows, the caption of the article is significant: "`Woman in Black' Held; Residence Here Denied." After stating that the woman in black had been arraigned and held in default of $5,000 bail, to await hearing on charges of obtaining money through a fraudulent device, and that five years previously the woman had given her name as Rosalie Cecelia Kelly, the article continues: "Later, the police learned she apparently lived at 1341 East Capitol Street, Washington, as Rose C. Kelly." (Italics ours.) After stating that the "woman in black" had given an alias when questioned by the magistrate at the time of her arrest, the article continues: ...
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Croixland Properties Ltd. Partnership v. Corcoran
...never named or is misnamed. See, e.g., Peck v. Tribune Co., 214 U.S. 185, 188-90, 29 S.Ct. 554, 53 L.Ed. 960 (1909); Washington Post Co. v. Kelly, 38 F.2d 151 (D.C.Cir.1930); Harmon v. Liss, 116 A.2d 693, 695 (D.C.1955); see also Service Parking Corp. v. Washington Times Co., 92 F.2d 502, 5......