Bohan

Bohan v. Record Publishing Co.

Good Law
1 Cal. App. 429·1905 Cal. App. LEXIS 19·82 P. 634
Court of Appeal of CaliforniaAugust 16, 1905No. 74.California578 words

Opinion

Lead Opinion

Smith, J.

The plaintiff, who was the sole proprietor, owner, and manager of the establishment known as the Bohan Paint Company, sued the defendant for a libel published in its journal, The Los Angeles Record, and recovered a verdict and judgment for the sum of five hundred dollars. The defendant appeals from an order denying its motion for a new trial.

The libel complained of is as follows:

It is argued by the appellant, among other points: That the above article is not libelous per se; that it does not charge the plaintiff personaliy with any crime, hut refers to the firm of Bohan Paint Company only; and that damages cannot be recovered other than such as might result from injury to the business of the company. But these points are untenable. The publication, we think, is on its face libelous; and it is alleged and proven that it was published of the plaintiff, who was the sole proprietor of the concern known as the Bohan Paint Company. (Code Civ. Proc., see. 460; Schomberg v. Walker, 132 Cal. 224 , [ 64 Pac. 290 ].) Nor is there any principle upon which his claim for damages should be limited to those affecting his business. (Civ. Code, secs. 3300-3333.) Nor would the case be otherwise…

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