Supreme Court of South Carolina, 1905

Flood v. Evening Post Publishing Co.

Supreme Court of South Carolina · Decided March 15, 1905 · Pope, Messrs, Gary, Jones, Woods

50 S.E. 641; 71 S.C. 122; 1905 S.C. LEXIS 15 (South Eastern Reporter)

Counsel

Messrs. Young Young , for appellants. (Same citations as in case of Wood against News and Courier Co. ) Mr. Wm. Henry Parker, Jr. , contra, cites: It is not libellous per se to apply to a white man the term "colored" or negro: " 1 McC., 52; 18 Ency., 2 ed., 916, 917, note; 1 McM., 16; 28 Am. R., 580; 29 Fed.R., 828; 1 N. McC., 349; 28 N.E.R., 692; 17 N.Y., 493 ; 4 So. R., 71; 28 So. R., 91; 53 N.C. 184 ; 4 Cranch, 235; 1 Dowl., 672; 1 McC., 203; Code 1902, 2158, 2821; Crim. Code, 293; 95 Am. Dec., 521.

Cases that cite this one

3 later published cases cite this decision.

Bowen v. Independent Publishing Co. (S.C. 1957)
Natchez Times Publishing Co. v. Dunigan (Miss. 1954)
Black v. State Co. (S.C. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The op-inion o-f the Court was delivered by

Mr. Chief Justice Pope.

This case presents the precise question disposed of in the case of Augustus Flood v. The News and Courier Company, where the order sustaining the demurrer was reversed. Having overruled the demurrer in that case, it only remains for us, upon the authority of that case, to reverse the order sustaining the demurrer in this case.

*123 The judgment of this Court is, that the judgment of the Circuit Court be reversed, where it sustained the demurrer in this case, and the action is remanded to the Circuit Court for such other proceeding's as may be in accordance with law.

Messrs. Justices Gary, Jones and Woods concur in the result, as the complaint alleges that the publication zvas zvilful and malicious.

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