Duke v. Morning Journal Ass'n.

Citations

• 120 F. 860
• 1903 U.S. App. LEXIS 5310

Syllabus

<p>1. Libel — Punitive Damages.</p> <p>Defendant published a highly sensational article, occupying several, columns of its newspaper, prefaced by startling headlines, charging plaintiff with conspiracy to defraud insurance companies by securing policies-for the benefit of the conspirators on the lives of aged and decrepit persons, and, when desirable, to hasten the death of insured, and stated that such conspirators were beneficiaries in 100 policies, of which 60 had been, canceled by the insurance companies; that 30 of the persons insured had died of disease, 12 by poison, and that the lives of 15 others had been-attempted. In its answer defendant alleged that such conspiracy existed in part, and that plaintiff and the other conspirators falsely claimed to be creditors of the individuals insured, etc., and attempted, but failed, to-establish such defense. Held, that plaintiff was entitled to recover exemplary damages.</p> <p>2. Same — Excessiveness.</p> <p>A verdict in favor of plaintiff for $36,000 was excessive, and should be-reduced to $20,000.</p>