Binder v. Pottstown Daily News Publishing Co.

Citations

• 33 Pa. Super. 411
• 1907 Pa. Super. LEXIS 314

Syllabus

<p>Libel — Pleading—Statement—Attaching copy of article to statement— Newspaper — Punitive damages.</p> <p>In an action of trespass against the proprietor of a newspaper to recover damages for libel, the form setting out the libelous words, by attaching a copy of the article in which they appear, to the statement, and making it part thereof, is open to criticism, but it does not constitute a substantial defect which can be complained of after pleading the general issue and going to trial on the merits.</p> <p>In such a case where the headlines of the article are quoted in the statement, but the article itself is attached thereto, and the statement charges that the writing is libelous, the charges in the statement cover not only the headlines actually quoted therein, but also the article attached as an exhibit.</p> <p>In an action for libel by one newspaper proprietor against another, where it appears that the article in suit was a long one, and embraced not only criticism of the paper itself, but charged that the news furnished by the plaintiff was fake news, that three men named had been grossly libeled by the plaintiff, and that the good reputation of the paper had been destroyed by the plaintiff, and that the latter was not responsible in a financial way, it is reversible error for the court not to instruct the jury to distinguish between such parts of the article as constitute a mere criticism of a thing, and such as either directly or indirectly are defamatory of the plaintiff personally.</p> <p>Where such defamatory charges are made, the social relation and standing of the plaintiff, and that he has a family, may be considered by the jury.</p> <p>It is not error for the court in such a case to refuse to permit the defendant's counsel to prove by cross-examination of the plaintiff that his newspaper circulation and his business had not been injuriously affected by the publication, where it appears that no evidence had been adduced by the plaintiff upon this sub