Houston Chronicle Publishing Co. v. Stewart

668 S.W.2d 727 · Court of Appeals of Texas · 1983

Facts

Norma Stewart, a Fort Bend County resident, sued Houston Chronicle Publishing Company, its President, and Managing Editor (Harris County residents) for libel over an article alleging she failed to file a complete trial transcript. The individual defendants filed pleas of privilege to transfer the case to Harris County, which the trial court overruled. The defendants appealed the overruling of their pleas of privilege.

Issue

Did the trial court err in overruling the defendants' pleas of privilege by finding that a cause of action for libel accrued against them, and specifically, were the individual corporate officers properly connected to the alleged defamation for venue purposes?

Holding

The court affirmed the overruling of the plea of privilege for Houston Chronicle Publishing Company, finding a prima facie case of libel was made against it. However, the court reversed the overruling of the pleas of privilege for the President and Managing Editor, as no evidence connected them personally to the publication of the alleged defamation.

Rule

To sustain venue in a libel action in the plaintiff's county of residence, the plaintiff must establish a prima facie cause of action for libel against each defendant. While a private individual may recover for defamation upon showing the publisher knew or should have known the statement was false, corporate officers are not personally liable merely by reason of their office without evidence of personal participation in the wrong.

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Case brief last reviewed 2026-02-06. Prepared by CaseReader from the published opinion.