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87 Wis. 118

Kay v. Jansen

Wisconsin Supreme Court

Decided February 23, 1894

Wisconsin Supreme Court · decided 1894-02-23

The complaint alleges, in substance', that the plaintiff is the mother of Duncan Kay, who was committed to. the 'Wisconsin Industrial School for Boys, August 15, 1893, and is still an inmate thereof; that plaintiff was a tenant of defendant at that time and up to September 1, 1893; that defendant, knowing these facts, on the 15th day of September, 1893, maliciously published on two large placards on either side of his express wagon, and for many days carried the same through…

Cited by 2 later decisions — most recently October 1936

2 state decisions

Relies on Solverson v. Peterson

Good law ✅— No negative treatment on recordhow we know

Decided 1894-02-23

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Winslow, J.

¶1The demurrer was properly stricken out. The first sentence charged to have been published on the placards was, under the facts state'd by way of inducement, fairly susceptible of the opprobrious meaning ascribed to it in the innuendo. If so, it was clearly libelous, because it tended to bring the plaintiff into public ridicule, contempt, and hatred. Solverson v. Peterson, 64 Wis. 198.

¶2As to the second sentence, it may be doubtful whether it can be held libelous, in the absence of an allegation that plaintiff was a merchant or trader, but -it is unnecessary to decide that question.

¶3By the Court — Order affirmed.

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