Coogler v. Rhodes

Citations

• 38 Fla. 240

Syllabus

<p>1. A leading question lias been defined as one which may be answered “yes” or “no.” This is not the most usual definition, or the one most exactly fixing the meaning of the term. The proper signification of the expression is a suggestive question, one which suggests or puts tiie desired answer into the mouth of the witness.</p> <p>2. A question addressed to a witness in examination is not necessarily leading- because it can be answered “yes” or “no.” A leading question is one that points out the desired answer, and not merely one that calls for a simple affirmative or negative.</p> <p>3. An interrogatory which merely asks a witness if he has any knowledge as to a fact which is in issue between the parties, and directs him if he has such.knowledge to state the extent of the same is not objectionable upon the ground of being a leading question.</p> <p>4. The great primary object in the examination of witnesses is to make .known the truth of the matters in controversy. Great nicety upon the subject of leading questions is not conducive to this object, or to convenience in examination, or to the administration of justice.</p> <p>5. In an action of libel, evidence tending to show good ground for suspicion of the truth of the matter alleged to be false is material for the defendant under a plea.of not guilty, not to prove the truth of the charge, but as tending to show a less degree of malice, and in mitigation of the damages to which plaintiff is entitled. Such evidence is also material under a plea of privileged communication as a circumstance to be considered by the jury as to whether the alleged libelous language was published through the express malice of the defendant.</p> <p>6. In actions of libel, those publications which are considered privileged are divided into two classes: absolutely privileged, and conditionally or qualifiedly privileged.</p> <p>7. A definition of a qualifiedly privileged communication, especially applicable to the facts of the present cas