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Seawall libel Suits'Decided For Defendants;teachDisplay Upheld As Truthner 3 De L Acad Demithe Comi Mi bert faeu Fifth Scho on \ She the ISullivan CounselcomdeneAimorSul]wonJiSay DecisionWill Be AppealedpertentJudMajRolslat gov of iLIRE?ionAbnHo;dorHaJulanlt;CaCtecJosS\vpnS's%eL-c's1.It1)Vnofcle-nl3T1Superior Court Judge Thomas H. Roberts has decided in favor of the defendants in two $100,000 libel suits growing out of the Long Wharl seawall case and brought by Jerry J. Sullivan, contractor.In a rescript handed down lastFriday Judge Roberts held that the Aquidneck Broadcasting Company (WRJMi and Columbus O'Donnell, stockholder and manager, did nol act with malice in a Thames Street store window display relative to the seawall construction.The court further held Ihat the defendants published true facts as to the plaintiff contractor's non-compliance in building the seawall.W. Ward Harvey, attorney for Sullivan, said the decision will be appealed to the state Supreme Court,Originally nine libel suits of 5100.000 each were started by Sullivan. his son, Lawrence X. Sullivan, and the firm of Sullivan Son. Several were thrown out by the court on grounds that there were no papers to show proof lhal the partnership of Sullivan Sort existed.Tried I.ast SpringThe cases tried before Judge Roberts last March and April were : those of Sullivan hgainst the broad-1 casling company and against O'Donnell.■ The rescript said that the court is of the opinion that the statements contained in the publication here being considered, which charge noncompliance with the requirements of the plans in the construction of the sea wall, truly state facls -with respect to such noncompliance of the plans in ihe construction of ihe seawall, truly stale facts with respect to such noncompUancc; ihat the comment was made without. malice; and, ihat ihe defense of fair comment upon a matter of public interest has been sustained by the defendants.'‘The rescript reviewed the action which arose out of ihe publication which involved Ihe display oi a large poster or sign in the window of a Thames Street store. It was put on display in February, 1950, remaining on display four or five weeks, the rescript said.Taxpayer’s Suitit is not disputed that the defendant O’Donnell caused the poster to be prepared and displayed or that its display constituted a publication of the matter alleged to be libellous, it said.The plaintiff Sullivan with Elli-olt-Watrous, Inc., submitted a low bid of $165,000 for the seawall job. In December, 1948. Councilman Salvatore L. Vi rgad a mo instituted a taxpayer's suit altemping to enjoin the city from awarding the contract 1o the plaintiff and his associate bidder. This suit the rescript says, was dismissed in February, 1949, the contract being awarded March 15 with work starting April 1.•Tt appears that CouncilmanPIa01aPf\PIIobaodfTirt€cd.lOn-tasheiidmt:arofamd•is-cetternilad.outen-ano*es-(Continued on Page 3)
Newspaper Details
Newport Mercury and Weekly News
Newport, Rhode Island, US
Fri, Dec 05, 1952
Page 1
Full Page
Clipped by
Sammi B.
NA 18 May 2021
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