Ingram v. Reed

Citations

• 5 Pa. Super. 550
• 1897 Pa. Super. LEXIS 284

Syllabus

<p>Libel — Newspaper—Privileged communication — Province of court.</p> <p>The privilege appertaining to the proprietor of a newspaper, in publications made by him in pursuance of a duty he owes to society, is a qualified one to be declared by the judge, under plain, undisputed facts. It is for the court to determine the publication to be privileged or not privileged.</p> <p>A qualified, privileged communication, is defined to be “ one made upon a proper occasion from a proper motive and based upon reasonable or proper cause and made in a proper manner.”</p> <p>Libel — Damages—Character of libel— Question for jury.</p> <p>Where in an action for libel the undisputed testimony disclosed that there was no adequate effort made upon the part of the defendants to ascertain whether the statements made were true or false before making the publication, the question of privilege was properly withdrawn from the jury and the case left to their consideration on the question whether the publication complained of tended to injure the plaintiff in his good name and reputation, held him up to public ridicule and contempt, and injured his standing in society, with instructions, upon affirmative finding, to find for the plaintiff such sum as they believed would be proper compensation for the injury resulting.</p>