Butler v. Barret & Jordan

Citations

• 130 F. 944
• 1904 U.S. App. LEXIS 4858

Syllabus

<p>1. Libel — Evidence in Justification.</p> <p>In an action for libel by the publication of an article which unmistakably referred to plaintiff, evidence is not admissible in defense to show that there was a foundation in fact for the statements made, where it is not shown that such facts related in any way to plaintiff.</p> <p>2. Same — Evidence in Mitigation.</p> <p>In an action for libel, facts are not admissible in mitigation of damages which were not known to defendant when the publication was made.</p> <p>If 2. Mitigation of damages for libel and slander, see note to Sun Printing -& Publishing Ass’n v. Schenck, 40 C. C. A. 168.</p> <p>See Libel and Slander, vol. 32, Cent. Dig. § 159.</p> <p>3. Same — Identity of Plaintiff with Person Referred to in Publication.</p> <p>Whether a newspaper article alleged to be libelous was intended to apply to plaintiff, and would be so understood by readers, is a question to be determined by the jury from the statements made in the article itself and their application to plaintiff; and evidence to show that the occurrences on which the article was based related to another person, which fact was unknown at the time to both defendants and the readers of the article, has no relevancy to such issue.</p> <p>4. Instruction — Expressing Opinion upon the Pacts.</p> <p>Where the decided weight of evidence on an issue is in favor of one party, it is not improper for the judge in a federal court to express his opinion to that effect in his charge to the jury, leaving it to them, however, to determine the fact.</p> <p>F. Libel — Damages—Mental Suffering.</p> <p>Where an article in respect to a woman, found by the jury to relate to plaintiff, was clearly libelous and defamatory, falsely charging that she had committed a crime for which she was sent to prison, and with having become in other respects degraded, the jury may consider the mental suffering resulting to her from the libel in estimating her damages as a matter of general knowled