Chaffin v. Lynch

Citations

• 84 Va. 884
• 6 S.E. 474
• 1888 Va. LEXIS 160

Syllabus

<p>1. Libel and slander—Insulting words—Justification—Privilege.—Code 1873, ch. 177,150, and the rule as to privileged communications, apply as well to actions under Code 1873, ch. 145, $ 2, for insulting words, as to common law actions of libel and slander.</p> <p>2. Idem—Privileged communications—Province of jury.—Where in action for defamation the defence is that of privileged communication, the question for the jury is, whether defendant honestly believed the language used to be true, and published it without malice, in fair self-defence, or in the reasonable protection of his own interests. And if plaintiff failed to prove actual malice, defendant is entitled to a verdict, whether the language used was true or false, unless defendant overstepped the line of legitimate defence and became an aggressor.</p> <p>3. Court oe appeals—Trial court—Reversal—Second trial.—Where on appeal a new trial has been granted, it is the duty of the 'circuit court, at the second trial, to adopt the views set forth by this court in its opinion, and instruct the jury in accordance therewith, provided the facts are the same and the instructions are asked for.</p>