Pollock

Pollock v. Evening Herald Publishing Co.

Caution
1915 Cal. App. LEXIS 359·28 Cal. App. 786·154 P. 30
Court of Appeal of CaliforniaNovember 13, 1915Civ. No. 1774.California960 words

Opinion

Lead Opinion

Shaw, J.

Action for libel. Plaintiff prosecutes this appeal from a judgment rendered in favor of defendant upon an order of court sustaining the latter’s demurrer, both general and special, interposed to the third amended complaint.

It appears from the complaint that on October 21, 1912, plaintiff became the lessee and manager of a place of amusement in the city of Los Angeles, known as the Princess Theater; that at that time defendant was a corporation engaged in the publication of a newspaper of general circulation, known as the “Los Angeles Evening Herald”; that on November 14, 1912, defendant published in the regular issue ef said newspaper an article as follows:

By way of 'innuendo, it is then alleged that by the publication of said article defendant intended to and did charge, and by the readers of said paper was understood as charging, that Ryan was the manager of said theater at the time of the publication of the article, to wit, November 14, 1912, and that Ryan was and had been for some time, as such manager, in the employ of plaintiff who had allowed him as his agent to employ chorus girls in said theater, and that plaintiff had allowed said Ryan to act in an indecent,…

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