Gilman v. McClatchy

Citations

• 111 Cal. 606
• 44 P. 241
• 1896 Cal. LEXIS 629

Syllabus

<p>Libel—Privileged Publication—Pleading.—In an action against a newspaper for libel, the defense that the publication was privileged is one which, to be availed of, must be pleaded.</p> <p>Id.—Report of Public Proceeding—Arrest for Rape—Publication of Hearsay as to Details.—The publication of the details of a damaging statement, gathered by a reporter partly from a prosecuting witness who had arrested a business man upon an affidavit, stating generally that he had committed the crime of rape upon her person, without setting forth any circumstances or details of the alleged offense, and principally from hearsay of neighborhood friends aiid gossips, is neither a privileged report of any public official proceeding, or of anything said in the course thereof, nor is it in any respect a privileged publication, though made without express malice, in belief of its truth.</p> <p>Id.—Absence of Express Malice—Compensatory Damages.—Where a libelous publication is false in fact, but is made without express malice,- or malice in, fact, the plaintiff is not entitled to recover punitive damages; but, in such case, malice in law still remains, and if the pub- * lieation is a libel per se, the plaintiff is entitled to recover compensatory damages.</p>