Conroy v. Pittsburgh Times

Citations

• 139 Pa. 334
• 21 A. 154
• 1891 Pa. LEXIS 998

Syllabus

<p>1.A privileged communication* is one made upon a proper occasion, from a proper motive, and based upon reasonable or probable cause: Briggs v. Garrett, 111 Pa. 404, 414; and also, perhaps, in a proper manner; for, if the manner be improper, the privilege is lost: Per Mr. Justice Mitchell.</p> <p>2. In such cases, there is no prima facie presumption of malice from the publication: there must be some evidence beyond it; either intrinsic, from the style and tone of the article, or extrinsic, as actual malice, known falsity, or want of probable cause; or, other evidence fairly tending to overcome the protection of the privilege.</p> <p>3. Hence, where the publication charges upon the plaintiff the commission of an indictable offence, the presumption of the plaintiff’s innocence of the offence is evidence that the publication is false and without probable cause, sufficient to put the defendant to proof of the facts to support his claim for the privilege.</p>