Commonwealth v. Rovnianek

Citations

• 12 Pa. Super. 86
• 1899 Pa. Super. LEXIS 213

Syllabus

<p>Libel — Implied authority and malice.</p> <p>The doctrine of implied authority, in libel, is applied in its severity only in cases of implied negligence or implied malice.</p> <p>Libel — Presumption of principal's liability, when rebuttable.</p> <p>A presumption exists that an owner of a newspaper is criminally liable for any libel published by his servant or agent even though he had no knowledge of it, if his servant was acting in pursuance of general orders, but when the orders are special and directed to the prohibition of any publication affecting the particular prosecutor the rule is different, and the presumption may be rebutted.</p> <p>Libel — Evidence to rebut presumption of authority.</p> <p>It was error on the trial of an indictment for libel to reject an offer of the defendant, a part owner of a newspaper, to prove that, at and before the publication of the libel, he was absent from the city, and that prior to his departure he gave explicit instructions that during his absence nothing whatever should be published of or concerning the prosecutor, and that while away he had no control or supervision over the newspaper or knowledge that the libels were to be or that they had been published.</p> <p>Presumption of malice and negligence, rebuttable — Question for jury.</p> <p>Whether, upon all the evidence, the fact that the publication was not maliciously or negligently made is established to the satisfaction of the jury, is for the jury to determine; the presumption that it was so made is a rebuttable one. Like every other presumption it should yield to proof which satisfactorily negatives and overcomes it.</p> <p>Criminal law — Practice, Q. S. — Indorsement and return of indictment.</p> <p>The indorsement on the indictment by its foreman, its return to court and the addition of the prosecutor’s name by order of court, are sufficient evidence of the finding of the indictment by the grand jury on the testimony of the witnesses whose names were indorsed by t