Frank Lemmer, a taxidermist, was the object of an obituary notice in the Great Falls Tribune, W. M. Bole’s newspaper. The notice had him dead, and dead to rights, because of an overdose of morphine, administered upon a prescription by a physician, but evidently the Tribune made the mistake of not putting Mr. Lemmer in the birth column the next morning, although it explained later that Lemmer had arisen from the dead, with due apologies to the supposed dead man.
Now, Lemmer objected to being called a “dead one,” and promptly instituted suit against the Tribune, claiming that he was not dead, and that his business as a taxidermist had been injured by the alleged malicious publication that he was dead.
Naturally, the defendants demurred both generally and specifically, which demurrer was sustained by the Cascade District Court. The plaintiff thereupon declined to plead further, and suffered judgment of dismissal with costs. Naturally an appeal was taken.
Justice Sanner, Chief Justice Brantly, and Associate Justice Holloway concurring, calls attention to the inference contained in the publication of the alleged death of Lemmer.
“The necessary inferences are,” says the opinion, “that Frank Lemmer died; that he died from an overdose of morphine; that the morphine was procured on a doctor’s prescription, which prescription was obtained at Lemmer’s instance by a stranger. None of these circumstances, nor all of them, suggest anything disgraceful or criminal.”
The opinion then proceeds to say that it is no disgrace to die, and that one may die without moral turpitude from an overdose of morphine procured by a doctor’s prescription, even though a stranger acted as messenger in the transition.
“Speaking generally,” continues the opinion, “there is no doubt that one may suffer such damages from almost any publication whatever, particularly a publication to the effect that he is dead; but whenever such damages are sought, it is not enough to aver generally that in consequence to the publication the plaintiff has been damaged in his business; the facts showing such damages must be alleged or no cause of action is stated.”
The opinion then proceeds to show that the demurrer to the complaint was properly sustained, and the judgment is affirmed.
“Movie” Mysteries Are Here Explained.
Rumbling bass notes from the unbridled, unleashed piano. Thunderous roars from the big bass drum. Frequent crashes of brassy cymbals. You instinctively clap your hands to your ears and breathlessly await the bursting of the awful tornado that is scurrying over your head.