![]() ![]() Several examples could be cited to demonstrate this point. ![]() The word "publication" in this sense has a different connotation. When one speaks of the "publication" of a newspaper, we think of the actual plant where it is physically printed and "published." But this in itself has nothing to do with the "publication" of a defamatory statement contained in the newspaper. In our view, it is premised on a confused understanding of the word "publication" as it applies to defamation and is in conflict with the fundamental principles of an action in libel. While there is authority in some jurisdictions to support this position, we do not subscribe thereto. Corporation contends that the cause of action, or the act allegedly violative of plaintiffs' rights, occurred where the newspaper *182 was printed and "primarily circulated", i.e., Mercer County hence, venue lies only in that county. 2179(a) (3)), a personal action against a corporation may be brought in the county where the cause of action arose. Under the Pennsylvania Rules of Civil Procedure (Pa. The appeal poses distinct questions as to each defendant, and separate discussion is required. The lower court overruled the objections and this appeal followed. The defendants each filed preliminary objections challenging the propriety of venue in Allegheny County. The action was instituted in Allegheny County and the complaint was served upon both defendants at Corporation's place of business in Mercer County by the sheriff of that county, who was deputized by the sheriff of Allegheny County for this purpose. The newspaper, in most part, was circulated in Sharon and the immediate area however, twenty-five copies thereof or a relatively small number of the total publication were delivered through the United States mails to subscribers in Allegheny County, wherein all of the plaintiffs reside. This is a libel action based upon an alleged defamatory article appearing in a newspaper published by the *181 corporate defendant, Sharon Herald Company (Corporation), and written by one of its employees, the individual defendant, Mairy Jayn Woge.Ĭorporation's sole place of business is in the city of Sharon, Mercer County, Pennsylvania, where the newspaper involved was admittedly composed, printed and published. Kuhn, and Brockway, Brockway & Kuhn, for appellants. *180 Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ. ![]()
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