Meas v. Johnson

Citations

• 185 Pa. 12
• 39 A. 562
• 1898 Pa. LEXIS 663

Syllabus

<p>Libel — Libellous words per se — Province of court and jury.</p> <p>Where words are of dubious import,, the plaintiff may aver their meaning by innuendo, and the truth of the innuendo is for the jury; but the quality of an alleged libel, as it stands upon the record, either simply, or as explained by averments or innuendoes, is purely a question of law for the court; and in civil cases, the court is bound to instruct the jury as to whether the publication is libelous, supposing the innuendoes to be true.</p> <p>One tradesman becoming provoked at another over an alleged dilatoriness or disregard of his contract obligations wrote him a letter, coarse in its language, and showing irritation throughout, in which he used this language: “ You are a first class fraud, and of the first water.” In an action for libel against the author of the letter it was averred in the statement that the words quoted meant that plaintiff, in conducting his business, cheated and deceived his patrons for purposes of gain, and that defendant thereby brought plaintiff into public ridicule, hatred and contempt. The only question raised was whether the publication was libelous. No special damages were either averred or proved. Held, that the plaintiff was entitled to go to the jury on the question of general damages.</p>