Butler v. Every Evening Printing Co.

Citations

• 140 F. 934
• 1905 U.S. App. LEXIS 4858

Syllabus

<p>1, Libel — Damages,.</p> <p>Where, in an action for injury to reputation and feelings sustained through a newspaper publication, false and libelous per se, the plaintiff waives all claim to punitive damages, and limits the demand to purely compensatory damages, it is the effect which the libel is calculated to have upon the minds of its readers, and not any actual intent on the part of the defendant to defame the plaintiff, that is material in the consideration of damages for the injury.</p> <p>2. Same — Question fob Juey.</p> <p>It is peculiarly within the province of the jury to determine the quantum of damages in an action for libel or slander, and unless there is a clear abuse of discretion on its part-the court will not disturb the verdict; the material question being, not whether the court thinks that the plaintiff was awarded a larger or a smaller amount of damages than the court would have allowed had the quantum of damages been left to its determination, but whether the amount of damages is so excessive as to cause the court to believe that the jury was actuated by prejudice, partiality or corruption in making its award.</p> <p>[Ed. Note. — For cases in point, see vol. 32, Cent. Dig. Landlord and Tenant, § 364.]</p> <p>(Syllabus by the Court.)'</p>