LIBEL AND SLANDER-NECESSITY FOR ALLEGATION OF SPECIAL DAMAGES IN ACTION FOR DEFAMATION NOT SHOWN LIBELLOUS PER SE

Plaintiff, a member of the bar, sued to recover damages for an alleged libel committed by defendant by maliciously failing to rate him in its annual directory, though continuing to carry his name, after having both carried his name and rated him for many years previously. Held, that the publication was not libellous per se, and that therefore special damages beyond a general allegation of injury to professional reputation, business, and practice must be alleged and proved to show a cause of action on demurrer. Ellsworth v. Martindale-Hubbell Law Directory, Inc., (N. D. 1936) 268 N. W. 400.