Rives v. Atlanta Newspapers, Inc.
Rives v. Atlanta Newspapers, Inc.
Opinion of the Court
Since the judgment of the Court of Appeals which we have for review dealt with a ruling on a motion to dismiss in the nature of a general demurrer we must at the outset recognize, apply and follow the applicable rule in such cases, which is—construe the petition most strongly against the petitioner, which means, that the absence of an allegation of a material fact means the non-existence of such fact. Hulsey v. Interstate Life &c. Ins. Co., 207 Ga. 167 (60 SE2d 353); Chalverus v. Wilson Mfg. Co., 212 Ga. 612 (1) (94 SE2d 736). When this rule is applied here to a suit for damages because of alleged newspaper libel, Code § 22-1102 is not complied with since it is not alleged that the alleged tort originated in Polk County. This absence of essential allegations when coupled with the allegation that the principal place of business of the defendant is in Fulton County and that the papers in question were transported to Polk County, requires a holding under the rule of strict construction that the alleged tort did not originate in Polk County but in Fulton County. When thus construed in conformity with the established rule for construction on demurrer or a motion to dismiss, the motion which raised the question of want of venue was properly sustained.
But this case involves other difficult questions of law, the solution of which is essential to a sound decision. There can be no reasonable doubt as to what constitutes newspaper libel, nor that it is of statutory rather than common law origin in view of Code § 105-703. Nor is venue fixed by the common law but rather by statute. Code § 22-1102. Extreme confusion concerning certain elements of libel has arisen because of this
It is permissible to give judicial consideration to legislative construction. Thompson v. Talmadge, 201 Ga. 867 (41 SE2d 883). We think a plain case of legislative construction is found in Code Ann. § 105-720 (Ga. L. 1958, p. 54; 1960, pp. 198, 199) where provision is made for a retraction of newspaper libel. There the legislature significantly employed the singular in “request,” “retraction,” and “allegedly libelous statement.” By its express terms none of these is required more than once. This could only mean that the legislature construed the libel statute to mean one cause of action, and only one for the combined process of printing and publishing. Thus the number of readers in no wise increases the one libel, nor constitutes multiple causes of action. Giles v. State, 6 Ga. 276, contains a well-reasoned discussion of this question. It is there said: “The moment a man delivers a libel from his hands, his control over it is gone; he has shot his arrow and it does not depend upon him whether it hits the mark or not. There is an end of the locus penitentiae—his offense is complete—all that depends upon him is consummated; and from that moment, upon every principle of common sense he is liable to be called upon to answer for his act.”
When the publisher delivered papers containing libel, if they did, for public exposure, libel was complete. To allow a suit for damages each time a different person sees the newspaper would unreasonably shackle the press and might quickly bankrupt it, thus doing great harm to both the publisher and the readers. Unless the language employed by the legislature demands such an unreasonable construction, courts should not do so and thus attribute to the legislature an unreasonable intention.
The trial court did not err in sustaining the motion to strike the petition, and it was error for the Court of Appeals to reverse that judgment.
Judgment reversed.
Dissenting Opinion
dissenting. For the cogent reasons stated by Judge Panned on this question in his concurring opinion when this case was before the Court of Appeals (110 Ga. App. 184, 138 SE2d 100), I dissent from the judgment of the majority which has the effect of affirming the order of the trial court.
I am authorized to say that Justices Mobley and Quillian concur in this dissent.
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