York v. Cole

• Decision Date: 11 May 1926
• Citation: 190 Wis. 179,208 N.W. 944
• Parties: YORK v. COLE ET AL.
• Court: Wisconsin Supreme Court

190 Wis. 179

208 N.W. 944

YORK

v.COLE ET AL.

Supreme Court of Wisconsin.

May 11, 1926.

Appeal from Circuit Court, Sauk County; E. Ray Stevens, Judge.

Action by Guy York against H. E. Cole and another. From an order overruling a demurrer to plaintiff's complaint, defendants appeal. Affirmed.

The complaint for libel alleged: That the plaintiff is and was a farmer residing in Columbia county, and of good name and reputation; that defendants were editors, publishers and proprietors of a newspaper of general circulation, published at Baraboo, in Sauk county; that in May, 1925, defendants willfully and maliciously, with the intent to injure plaintiff in reputation, standing, and business and to hold him up to public contempt and scorn, published in said newspaper the following false and defamatory article:

“Dig up Body in Mystery Death. Dells.

Peculiar circumstances surrounding the death of Mrs. Guy York in Kilbourn two months ago has led to the disinterment of the remains and the woman's stomach has been sent to Madison for an examination, according to reports from the Dells City. The investigation has been authorized by officials of the Beaver Insurance Company.

Mrs. York was formerly Miss Ethel Johnson. The husband, since the death of his wife, two months ago, has remarried and now drives an auto, it is reported. His present whereabouts are unknown to residents of Kilbourn.

It will probably be a few days before an analysis of Mrs. York's intestines has been completed.”

Plaintiff further alleged that the article was false and without foundation, except that the plaintiff's wife, Ethel Johnson, before marriage, recently died, that plaintiff recently remarried since such death, and that he owns and drives an auto.

It was alleged by an innuendo that defendants intended to convey to the readers of said newspaper, and it was so understood by such readers, “that the said plaintiff unlawfully caused the death of his said wife by poisoning her, that he had unlawfully collected insurance to which her life was subject, and that, in order to avoid arrest had fled from the country”; also that by reason of such article plaintiff was damaged in name and reputation and caused great mental anguish and distress, all to his damage.

Defendants demurred to the complaint, and have appealed from an order overruling such demurrer.James H. Hill and La Mar & Jenks, all of Baraboo, for appellants.

Grotophorst, Quale & Langer, of Baraboo, for respondent.

ESCHWEILER, J. (after stating the facts as above).

Appellant argues that, inasmuch as the article in question in no wise specifically charges the plaintiff with having committedany crime in connection with the death of his wife, or that he was the beneficiary...