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PER CURIAM. We think, from a consideration of the publication and the innuendo, that the jury would be justified in finding that the publication was libelous per se, and therefore it was error to sustain the demurrer to the complaint.
It follows that the order appealed from must be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs, with leave to the defendant to withdraw the demurrer and to answer,- on payment of said costs.
SCOTT and DOWLING, JJ., dissent.
Document Info
Docket Number: No. 5719
Filed Date: 5/1/1914
Precedential Status: Precedential
Modified Date: 11/12/2024