defendant of and concerning the plaintiff was in answer to the statement which the plaintiff had caused to be published of and concerning the defendant. See Lynch v. Standard Pub. Co. et al., 51 Utah, 322, 170 Pac. 770. Does the complaint as so construed state a cause of action? That is the question here.
The complaint contained no inducement or innuendo, and no special damages are claimed. The plaintiff contends that the last statement published contains language which is libelous per se. And he concedes that if the language is not libelous per se, the complaint is insufficient and the ruling of the trial court correct. The sole contention of the plaintiff is that the words in the last statement published by the defendant, to the effect that the plaintiff “tells falsehoods,” are libelous per se, and that consequently injury is presumed to have resulted from the publication. “Libel is a false and unprivileged publication: by writing, printing, picture, effigy or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” § 4352, C. L. 1913.”
It is well settled that in arriving at the sense in which alleged defamatory language is employed, it is proper and necessary to consider the circumstances surrounding its publication and the entire language used. 7 R. C. L. p. 313. And that in determining the actionable quality of words claimed to be libelous, the entire writing, including the title or headlines, must be considered. 18 Am. & Eng. Ency. L. 985; 25 Cyc. 357. And particular words or phrases must be construed in connection with the remainder of the article of which they form a part. 18 Am. & Eng. Ency. L. 985; 25 Cyc. 357. The actionable quality of the words is dependant primarily upon the effect which the language complained of was fairly calculated to produce, and would naturally produce, upon the minds of persons of reasonable understanding, discretion, and candor.8 Am. & Eng. Ency. L. 977. But in arriving at the sense in which the defamatory language is employed it is proper and necessary to consider the circumstances surrounding the publication and the entire language used. McCue v. Equity Co-Op. Pub. Co., 39 N. D. 190, 167 N. W. 225, 229. There is no contention that the publication in question had any tendency to injure the plaintiff in his occupation. In fact his occupation is not even mentioned in the complaint. The question, therefore, is whether it must be said as a matter of law that the publication neces-
