Chaffin v. Lynch

Citations

• 83 Va. 106
• 1 S.E. 803
• 1887 Va. LEXIS 44

Syllabus

<p>1. Libel—Anti-duelling act—Construction.—This act (Code 1873, ch. 145, § 2,) applies to words written as well as to words spoken.</p> <p>2. Idem— Common law—Statute—Joinder—Malice. —A publication containing insulting words may be declared on under the statute, though it be libellous at common law. Declaration, showing by proper averments that the words are within the statute, is sufficient. The two causes of' action cannot be united in one count. In either case, malice must be alleged. Mere publication is prima facie evidence of malice, but the occasion may rebut the presumption.</p> <p>3. Idem—Defamatory publication—Justification.—To justify publication of defamatory matter, the occasion must be privileged, and must be used bona fide, without malice. Whether the occasion be privileged, is a question of law for the court. Whether it has been used bona fide, is a question of fact for the jury.</p> <p>4. Idem—Privileged communications.—One insult cannot be set off against another (Bourland v. Eidson, 8 Gratt. 27); yet if a man is attacked by another in a newspaper, he may reply. If his reply is not unnecessarily defamatory of his assailant, and is honestly made in self-defense, it will be privileged.</p> <p>5. Idem—Instructions.—At trial of action for defamation, it is error to give instructions withdrawing from the jury the question whether the publication declared on falls within the protection extended to privileged communications, and telling them to consider the evidence tending to show that defendant made the publication without malice and bona fide in self-defense and protection of his own interest, only in mitigation of damages. On the contrary, if the jury, from the evidence, believed that, though the language used was untrue, yet the defendant believed it true, and used it honestly, without malice, in self-defense and reasonable protection of his own interest, it would have been their duty to-find for the defendant; and they should have been instructed to