Collins v. Morning News Co.

Citations

• 6 Pa. Super. 330
• 1898 Pa. Super. LEXIS 157

Syllabus

<p>Libel — Evidence—When record of a crime charged inadmissible</p> <p>Where the libel charged plaintiff as indicted for a criminal offense, evidence tending to show that plaintiff was on the bail of the real offender is properly excluded, it not being pretended that the publication was based upon knowledge of the facts as shown by the rejected testimony. The excluded record would have .shown conclusively that every material fact-stated in the publication was untrue.</p> <p>Libel — Measure of damages. •</p> <p>Where there is no evidence that defendant in a libel suit had actual malice in publishing the article complained of by the plaintiff, compensation for the injury done to the plaintiff’s character is the only legal measure of damages for which a recovery can be had.</p> <p>Libel — Privileged communication — Burden of proof.</p> <p>A communication to be privileged, must be made’ on a proper occasion, from a proper motive,- and be based upon reasonable or probable cause. The immunity of a.privileged communication is an exception, and he who relies upon an exception must prove all the facts necessary to bring himself within it.</p> <p>It is not a privileged communication when a newspaper publishes that plaintiff “ was arrested on a bailpiece,” when an examination of the record would have disclosed that it was plaintiff who, as bail, had surrendered the real offender.</p> <p>Libel — Probable cause — Failure to examine record.</p> <p>Probable cause is not shown where a newspaper publishes a libelous' charge against a citizen on information from the attorney in a criminal case, where such information made further information necessary to warrant a cautious man in believing that the plaintiff was guilty of any offense.</p> <p>A cursory and insufficient examination of the record will not exempt from the charge of carelessness when a more particular investigation would have elicited the whole truth; still more is defendant responsible if he neglects to examine an availa