Edwards v. San Jose Printing & Publishing Society

Citations

• 99 Cal. 431
• 34 P. 128
• 1893 Cal. LEXIS 686

Syllabus

<p>Libel—Corruption of Voters—“ Osarse of Sack”—Words Libelous per se —Instruction—Subjection to Obloquy. — A newspaper article, which in referring to a city election, states that a large sum of money is to be put up by a corporation to corrupt voters, of whom there were a large number who could be bought, and that “it is reported that Edwards is to have charge of the sack,” is libelous per se¡ and imports the use of a fund for purposes of corruption; and it is proper to instruct the jury in an action against the proprietors of the newspaper for damages for such libel, that the article upon its face imputed to the plaintiff conduct or the possession of a character which would lead him to commit acts, and that he was about to commit acts which, if true, would subject him to obloquy in the community.</p> <p>Id.—Covert Meaning of Words — Proof of Libelous Sense—Words in General Use—Judicial Notice When a slander or libel is couched in language having a covert meaning not apparent upon its face, or in words or phrases not used otherwise than as slang, or cant terms, it is necessary for a plaintiff not only to allege and prove the slanderous or libelous sense in which the words were used by the defendant, but also that they were understood in the same sense by those to whom they were addressed; but where the words are in general use they will he understood by the court in the same sense in which they are usually understood by the masses of men, and no allegation or proof of such meaning is necessary.</p> <p>Id.— Mitigation of Damages—Good Faith of Editor—Improper Evidence— General Report. — The testimony of the editor of the newspaper in which the alleged libel was published, to the effect that reports came to him from various parties, whose names the witness did not give, that the plaintiff was a political manipulator, and that he would use money as he had done theretofore; but not showing that any reliable person professing to have any knowledge of the fact gave him an