Hearne v. De Young

Citations

• 119 Cal. 670
• 52 P. 150
• 1898 Cal. LEXIS 695

Syllabus

<p>Libel—Justification—Immaterial Variance—Proof of Charge.—A defendant in an action of slander or libel is not required to justify every word of the defamatory matter, but it is sufficient if the substance, gist, or sting of the libelous charge be justified, and immaterial variances and defects of proof upon minor matters are to be disregarded if the substance of the charge be justified.</p> <p>Id.—Divorce for Extreme Cruelty—Variance as to Acts of Cruelty Published—Evidence of Other Violent Assaults.—Where, in publishing a report of the proceedings had in an action for divorce upon the ground of extreme cruelty, in which a decree for the plaintiff had been granted, it was stated that at the trial evidence was introduced showing that the defendant in the divorce suit, who was plaintiff in the libel suit, was a man of most ungovernable temper, and that such incidents as the hurling of dishes at his wife when engaged in argument were referred to by the witnesses for the prosecution, the sting or gist of the charge is that he had assaulted his wife with force and violence, and the hurling of dishes or the fact of argument need not be proved, but evidence of other assaults of any kind upon the wife by the use of force and violence is admissible and sufficient to prove justification of the libel, the manner of the assault, and the means used in making it being mere matters of detail, not material to the substance of the libel.</p> <p>Id.—Evidence—Second Publication after Suit Brought—Question of Malice.—In an action of libel evidence of a second publication made after suit brought, in support of the same charge, may be given as tending to prove malice in the original publication, and the fact that there may be statements in the second publication looking toward other matters furnishes no reason for rejection of the article as competent and materiál evidence.</p> <p>Id.—Understanding of Readers Inadmissible.—Where it does not appear that the readers of a publication alle