Baltimore Life Insurance v. Gleisner

Supreme Court of Pennsylvania May 5, 1902

Baltimore Life Insurance v. Gleisner, 202 Pa. 386 (Pa. 1902)

51 A. 1024; 1902 Pa. LEXIS 526

Brown, Dean, Fell, McCollum, Mestsezat, Mitchell, Potter

Opinion of the Court

Opinion by

Mr. Justice Mitchell,

So far as a cause of action is stated in the bill it is one for slander or libel, and cognizable at law. It is urged that the injury is a continuing one, for which there is no accurate measure of damages, and therefore is within the province of equity. But even in that class of cases the complainant’s right must be so clear as to be practically conceded, or it must first be established by the verdict of a jury. In the present case complainant’s right of action depends on facts, the burden of proof of which is on complainant, and which necessarily are for a jury in the first instance. The want of equity being apparent on the face of the bill, the demurrer was properly sustained.

Decree affirmed.

Reference

Full Case Name: Baltimore Life Insurance Company v. Gleisner
Cited By: 12 cases
Status: Published
Syllabus: Equity — Jurisdiction—Continuing injury — Slander and libel. The right of action for a tort such as libel or slander is at law, and a bill in equity cannot be maintained to restrain it as a continuing injury, unless the complainant’s right is so clear as to be conceded, or already established by the verdict of the jury. If the complainant’s right depends on facts, the burden of proof of which is on the complainant, the case is necessarily for the jury in the first instance.