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Watson v. Detroit Journal Co., 143 Mich. 430, 107 N.W. 81, 5 L.R.A.N.S. 480, 8 Am.Ann.Cas. 131

Facts

The plaintiffs, doing business as the Michigan Trading Stamp Company, alleged that the Detroit Journal Company published a libelous editorial that harmed their business reputation. The editorial claimed that trading stamp businesses, including the plaintiffs, were outlawed and compared them to disreputable activities. The plaintiffs argued that the editorial specifically targeted them, but the defendant contended that the articles referred to the trading stamp industry as a whole, not to any individual company.

That, at the time and places aforesaid, the said defendant was engaged in printing and publishing, and was the proprietor and owner of a daily newspaper known as the ‘Detroit Journal,’ which said paper at the times herein mentioned had a large circulation in the city of Detroit and throughout the state of Michigan.

Issue

Did the articles published by the Detroit Journal Company specifically refer to the plaintiffs in a manner that constituted libel?

The important question is whether upon this record the fourth reason stated in the demurrer, reading as follows: ‘The articles published in defendant's newspaper of which plaintiffs complain do not refer particularly to the plaintiffs, but generally to all persons engaged in the trading stamp business; in other words, said articles had no personal application to the plaintiffs, and therefore are not libelous.'

Rule

For a libel action to succeed, the defamatory words must refer to an ascertained or ascertainable person, and if the words apply to a class of persons, an individual cannot maintain an action unless the words refer specifically to him.

The true rule is that where the words apply to a class of persons, and not specially to a particular group of such class, an individual of that class cannot maintain an action; but, if they apply specially to a particular group of such class, any member of such group may maintain an action.

Analysis

The court analyzed whether the published articles could be reasonably construed to refer specifically to the plaintiffs. It concluded that the articles discussed the trading stamp business in general terms and did not single out the plaintiffs. The court emphasized that the articles' language indicated a critique of the trading stamp industry as a whole rather than a personal attack on the plaintiffs.

We think the case stated will not sustain an action of libel.

Conclusion

The court affirmed the lower court's judgment, concluding that the articles did not constitute libel against the plaintiffs as they did not specifically refer to them.

The action of the circuit judge in sustaining the demurrer is affirmed.

Who won?

Detroit Journal Company prevailed because the court found that the articles did not specifically target the plaintiffs, thus failing to meet the criteria for libel.

The court affirmed the lower court's judgment for the defendant, ruling that the articles did not specifically refer to the plaintiffs and thus were not libelous.

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