Coleman v. MacLennan

Citations

• 78 Kan. 711
• 98 P. 281
• 1908 Kan. LEXIS 137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Libel — Newspaper Comment — Official Conduct and Character —Privileged Matter. If the publisher of a newspaper circulated throughout the state publish an article reciting facts and making comment relating to the official conduct and character of a state officer, who is a candidate for reelection, for the . sole purpose of giving to the people of the state what he honestly believes to be true information, and for the sole purpose of enabling the voters to cast their ballots more intelligently, and the whole thing is done in good faith, the publication is privileged, although the matters contained in the article may be untrue in fact and derogatory to the character of the candidate.</p> <p>2. - Candidate for State Office — Publication Outside the State. Generally, publication should be no wider than the moral or social duty to publish. If it be designedly or unnecessarily or negligently excessive, privilege is lost. But if a state newspaper published primarily for a state constituency have a small circulation elsewhere, it is not deprived of its privilege in the discussion of subjects of state-wide concern because of that fact.</p> <p>3. Practice, Supreme Court — Instruction Rendered Inconsequential by Special Findings. If on the trial of a suit for libel the jury should find specially from the evidence that the plaintiff suffered no damages from the publication complained of, it will not be presumed that the finding was induced by instructions regarding particular questions in the case not related to that of damages; .and the question whether such instructions misstate the law becomes immaterial, because they could not affect the plaintiff’s substantial rights.</p>