Coffman v. Spokane Chronicle Publishing Co.

Citations

• 65 Wash. 1
• 117 P. 596
• 1911 Wash. LEXIS 890

Syllabus

<p>Parties — Dependants — Purchasers — Intervention — Libel. Where an action of libel has been brought against a newspaper publishing company, successors in interest of the publishing company are not interested in the subject-matter of the action and therefore are not entitled to intervene, where the property had been conveyed to them with covenants against incumbrances, and they had not assumed any of its debts.</p> <p>Libel and Slander — Actions—Evidence—Burden op Proof. In an action for a newspaper libel by the publication of matter libelous per se, in which the defendant denied certain material allegations of the complaint, but admitted the publication and pleaded mistake and a retraction, the burden of proof is upon the plaintiff, and he has the right to open and close.</p> <p>Libel and Slander — Publication — Retraction — Request for— Damages — Mitigation. No duty rests upon one who is libeled by a newspaper to request the publication of a retraction or other articles reducing the plaintiff’s damages, and a mere offer to retract does not deprive the libeled party of his right to recover damages.</p> <p>Libel and Slander — Damages—Excessive Verdict. A verdict for five thousand dollars for a newspaper libel, by a newspaper of wide circulation, seriously reflecting upon the character of a young woman, will not be set aside as excessive, where the trial judge refused to set aside the verdict.</p>