The Topeka state journal., 1916-04-13
STATE JOURNAL is SUED


tContinued rrom Page One.l
at all times herein mentioned been
the exclusive property owned and in
the possession of said plaintiff, and
the same has no appreciable value in
dependent of the use for which said
building was constructed and for
which said building was constructed
and for which it has been, and now
is being used. by said plaintiff, as
aforesaid.
Plaintiff further alleges that all of
the foregoing facts were well known
to the said defendant at all times here
in mentioned. That on the 11th day
of April, 1915. said defendant did, in
the Noon Edition of The Topeka State
Journal, a daily afternoon paper of
general circulation, and widely read.
in said city of Topeka, and owned,
controlled and edited by said defend
ant, print and publish concerning this
plaintiff and concerning its business
and property aforesaid, certain false
and malicious statements, under flar-
ing ''streamer'' headline. A true copy
of said headline and of said article is
hereto attached, marked Exhibit "a"
and made a part hereof.
That said = defendant knew said
statements were false and untrue, and
uttered and published the same ma
liciously, and for the express purpose
of injuring said plaintiff in its busi-
ness and OF injuring its property; that
said Noon Edition has a large circu-
lation of number of thousand copies
within the city of Topeka and among
the patrons and customers of this
plaintiff generally.
fendant, in the Home Edition of said
paper, The Topeka State Journal
owned, controlled and edited by the
said defendant, on said April 11th.
1916, did reprint and republish con-
cerning this plaintiff and concerning
it's business and property aforesaid,
certain false and malicious statements,
under a prominent headline; a true
copy of said headline and of said ar
ticle is hereto attached marked Ex-
hibit "B'' and made. a part hereof.
That said defendant knew that said
words were false and untrue, and ut
tered and published the same mali
ciously. intending to injure the said
plaintiff in it's business and to injure
it's property. That said Home Edi-
ton is a daily evening paper having
very large circulation within and
throughout the city of Topeka, and
and is the regular edition distributed
throughout the city of Topeka, and IS
distributed at the homes of the sub
scribers of said paper in said city OF
Topeka.
Plaintiff further states that defend
ant did, in the Postscript Edition of
said paper The Topeka State Journal,
daily evening paper or Senerai CIR
culation, which is owned, controlled
and edited by said defendant on said
April 18th, 1915 did reprint and re-
publish concerning this plaintiff and
concerning its business and property
aforesaid, certain false and malicious
statements under prominent mead
line. A true copy of said headline and
of said article is hereto attached
marked Exhibit &C" and made part
hereof.
That said defendant knew that said
words were false and untrue, and ut
tered and published the same mali
ciously and for the express purpose or
injuring said plaintiff IN its business,
and to injure it's property. That said
postscript edition has a large circula-
ton of q number of thousand copies
within the City of Topeka, and
throughout the State, and is widely
read among the patrons and custom
ers of this plaintiff.
That said words and statements
made in the above edition of said The
Topeka State Journal were false and
untrue and were intended to, and did,
convey the impression and meaning
to the patrons and customers OF TINS
plaintiff that the property of plaintiff
aforesaid was wholly unfit for the
purpose of giving theatrical perform
ances and other entertainments, and
that the same had been, and was,
condemned, and that plaintiff was for
hidden to use the same, and that the
public generally could not, and should
not, patronize the said business of
plaintiff or enter it's property, which
meaning and impression was false and
untrue, and was intended to, and did,
injure the value of plaintiffs property
and its business by causing the GUS
toners and patrons of this plaintiff to
refrain from attending and patroniz-
ing the performances and entertain
ments therein given, whereby this
plaintiff has lost great gains which
otherwise would have accrued to it in
its business, to it's damage in the sum
of five thousand dollars 10000.
Plaintiff further states that it has
been damaged by reason of the de-
probation in the value of it's said
property because of the said false,
malicious and libelous statements so
published and circulated by defendant
concerning the condition of the same,
in the sum of ten thousand dollars
(S1O,00O). And that it is entitled to
have and recover of and from the de-
fendant the further sum of ten thou
sand dollars (S1O,000) as exemplary
or punitive damages.
Wherefore plaintiff prays judgment
against the defendant for the sum of
fifteen thousand dollars ($15,000)
compensatory damages, and ten
thousand dollars (s10,000) punitive
damages, and for the costs of this ac-
ton, and for such other relief as may
be just and proper.
WATERS & WATERS,
]. B. LARIMER,
Attorneys for plaintiff.
PRECIPE.
The clerk of said court will please
issue a summons for the defendant
directed to the sheriff of Shawnee
county, Kansas and make the same
returnab1e according to law. Indorse
on summons: Action brought for
damages; amount claimed. 5000"
WATERS & WATERS,
J. b LARIMER,
Attorneys for plaintiff.
Exhibit A-Streamer Head
Grand Opera House Is Condemned
TndaY''