Echard v. Morton

Citations

• 26 Pa. Super. 579
• 1904 Pa. Super. LEXIS 359

Syllabus

<p>Slandei — Privileged communication — Burden of proof — Malice.</p> <p>A statement made in good faith relating to a subject in which the person making the communication is interested or in regard to which he has a social or moral duty, when made to one having a like interest or duty, is privileged, and in such case the burden of proof rests on the party claiming to have been slandered to show that the communication was malicious. This includes communications bona fide made by the author in the prosecution of his own rights or interests. As to such communication the law does not imply malice from the communication itself. The plaintiff must satisfy the jury of the existence of actual malice before he is entitled to a recovery.</p> <p>Whether a communication is privileged or not is a question of law to be determined by the court. Whether the defendant was actuated by malicious motives in speaking the defamatory words is a question of fact for the jury.</p> <p>In an action of trespass for scandal it appeared that when the borough in which defendant lived was about to open a street, the defendant appeared at a meeting of the council and stated that'the .borough authorities had entered upon his land without right and were causing damage to his property. A deed was then exhibited by the clerk of the council which it was alleged had been executed by the defendant and under which the borough claimed the right to occupy the defendant’s land included within the lines of the street. The deed purported to have been acknowledged before the plaintiff, a justice of the peace. The defendant denied that he ever executed it in the presence of the plaintiff. Thereupon the plaintiff brought the action for the defamation implied in the defendant’s denial. Held, that the defendant’s denial was privileged, and'that the burden was on the plaintiff to show that the words used were not true, and that the defendant uttered them maliciously.</p>