Dewing

Pursuant to the verdict of a jury, judgment was entered against defendant in the sum of $5,000 and costs. Defendant appeals from the judgment. Appellant relies upon three points to sustain his appeal. These points are: First, that the demurrer to the complaint should have been sustained because the libels did not contain a name by which their readers knew the plaintiff and that, therefore, said libels were not actionable per se as to plaintiff ; and that in order to recover damages for such a publication the plaintiff must allege facts or circumstances known to the readers of the alleged libel by means of which the reader was reasonably certain that the plaintiff was defamed by the publication, or allege other facts which showed that plaintiff sustained special damage by the publication. Second, that the verdict was not sustained by the evidence, because it did not prove that the defendant intended to refer to the plaintiff in the libelous articles. Third, that the verdict cannot be sustained because the evidence showed that one Dewey C. Carson and not the plaintiff took and transcribed the stenographic notes in the case of Blodgett v. Trumbull, in connection with which the…