Barrow v. Enterprise Co.

Court of Appeals of Texas

Barrow v. Enterprise Co.

387 S.W.2d 426, 1964 Tex. App. LEXIS 2883

CourtCourt of Appeals of Texas

DecidedDecember 31, 1964

DocketNo. 6627

StatusPublished

This text of 387 S.W.2d 426 (Barrow v. Enterprise Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barrow v. Enterprise Co., 387 S.W.2d 426, 1964 Tex. App. LEXIS 2883 (Tex. Ct. App. 1964).

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Opinion

HIGHTOWER, Justice.

Appellants sued appellee for libel. Summary judgment for appellee was rendered by the trial court upon the proposition that appellants’ pleadings stated no cause of action for libel.

The alleged libelous matter, as set out in appellants’ pleadings, referred to a deceased person and did not refer to any appellant. In no manner did it mention the name of any appellant and did not refer to or identify any appellant, directly or indirectly. No person reading the publication could ascertain from its contents that any appellant was referred to or was intended by the publisher to be referred to. Therefore, the trial court correctly held that the appellants stated no cause of action for libel. Newspapers, Inc. v. Matthews, 161 Tex. 284, 339 S.W.2d 890 (1960); Renfro Drug Co. v. Lawson, 138 Tex. 434, 160 S.W. 2d 246, 146 A.L.R. 732 (1942).

In deference to the appellants’ conviction that the publication is harmful to them, we have omitted its contents herein.

Judgment of the trial court is affirmed.

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HIGHTOWER, Justice.

Appellants sued appellee for libel. Summary judgment for appellee was rendered by the trial court upon the proposition that appellants’ pleadings stated no cause of action for libel.

The alleged libelous matter, as set out in appellants’ pleadings, referred to a deceased person and did not refer to any appellant. In no manner did it mention the name of any appellant and did not refer to or identify any appellant, directly or indirectly. No person reading the publication could ascertain from its contents that any appellant was referred to or was intended by the publisher to be referred to. Therefore, the trial court correctly held that the appellants stated no cause of action for libel. Newspapers, Inc. v. Matthews, 161 Tex. 284, 339 S.W.2d 890 (1960); Renfro Drug Co. v. Lawson, 138 Tex. 434, 160 S.W. 2d 246, 146 A.L.R. 732 (1942).

In deference to the appellants’ conviction that the publication is harmful to them, we have omitted its contents herein.

Judgment of the trial court is affirmed.

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387 S.W.2d 426, 1964 Tex. App. LEXIS 2883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrow-v-enterprise-co-texapp-1964.

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