Appeal, No. 91, April T., 1958, from order of Court of Common Pleas of Allegheny County, April T., 1957, No. 412, in case of Roy E. Richwine, trading and doing business as Williams Grove Park, v. Pittsburgh Courier Publishing Company, Inc. Order affirmed.
Mark E. Garber, Jr., with him Samuel J. Margiotti, Garber & Garber, and Margiotti & Casey, for appellant.
Henry R. Smith, Jr., with him Jones, Smith & Freeland, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Woodside, Ervin, and Watkins, JJ. (wright, J., absent).
[ 186 Pa. Super. Page 645]
This is an appeal from the decision of the Court of Common Pleas of Allegheny County sustaining preliminary objections to an action in trespass for libel.
The appellant, Roy E. Richwine, trading and doing business as Williams Grove Park, is the owner and operator of an amusement park situate in Monroe Township, Cumberland County, Pennsylvania. The appellee,
[ 186 Pa. Super. Page 646]
Pittsburgh Courier Publishing Co., Inc., is the publisher of a negro newspaper in Pittsburgh, Pennsylvania and published the following article on September 15, 1956.
"The Harrisburg Windmill By Lewis Ulen
"Zephyrs Start the Mill... Philosophus, our pet fire-eating dragon, who goes where angels fear to tread, gave us a delayed report of the annual orgy held in Williams Grove Park.
"This display of animalism, publicized, quite intentionally and erroneously, as a picnic, produced the usual mawkish fights, automobile ...