Jones v. Greeley

Citations

• 25 Fla. 629

Syllabus

<p>1. The law in libel, as held by this court, being that to publish ol' and concerning a person any language which fe-nds to bring him into ill repute, or to destroy the confidence of bis neighbors in his integrity, is libellous and actionable per se, printed and published words which clearly imply- that a person is a hypocrite, and under the cloak of hypocrisy oppresses widows and orphans, is so actionable.</p> <p>2. A plea in libel justifying one of several charges is good as going to-mitigation of damages; but the part justified must be distinct and severable from the rest, and must be the precise charge and the whole of the precise charge.</p> <p>3. A charge which authorizes the jury to determine whether the language set forth in the declaration has a defamatory meaning, is not erroneous as confining them to that language when they are told that their determination must be founded on their belief from the evidence, there being other evidence than the language of the declaration.</p> <p>4. It was not error to charge the jury that they might take into consideration the financial ability of the defendants, and that if they believed “the defendants actually intended to injure the-plaintiff by the publication, they must award heavier damages than if no actual intention existed” — such intention going to make aggravated damages, and to be distinguished from the intention which the law holds to be admitted by the plea of not guilty.</p> <p>5. The jury being left on instructions at the request of defendants, to determine on the evidence whether the meaning of the language used, as assigned by the declaration, was the correct meaning:, this court sees no sufficient reason to disturb their finding.</p> <p>6. This court will not set aside the verdict of $3,000 as excessive, considering the evidence as to the character, standing and business of the plaintiff, in connection with the injurious tendency of the libel and the wide circulation of the paper of defendants in which