Moore v. Leader Publishing Co.

Citations

• 8 Pa. Super. 152
• 1898 Pa. Super. LEXIS 29

Syllabus

<p>Libel — Privileged communication — Seasonable or probable cause.</p> <p>A communication to be privileged must be made upon a proper occasion, from a proper motive, in a proper manner and be based upon reasonable or probable cause.</p> <p>An article was published as written by a reporter and furnished by a news agency which employed him, to which headlines were added in the office of defendant newspaper, as follows : “Who is Mrs. Moore? She assaulted a fruit man who called to collect a bill and now, when a warrant is out for her, has changed her personality. Isadore Bowers had tough luck, for he not only lost his fruit but got a poker thrashing for trying to collect the cash.” Held, that the proper basis for the publication is lacking, inasmuch as the plaintiff occupied no relation to the public which made it proper to publish the details of her private affairs, nor were there any other facts in the case which brought it within the rule of being made upon a proper occasion. Tho publication was libelous per se, and it was the duty of the court so to instruct the jury.</p> <p>Even if the reporter had been the agent of defendant, the information on which he prepared the article, coupled with the fact that he had been informed that no one bearing the name of the plaintiff lived at the place where the aggravated assault and battery took place, was clearly insufficient to constitute reasonable or probable cause.</p> <p>Evidence — Libel—Probable cause.</p> <p>The issue being probable cause warranting publication of a newspaper article alleged to be libelous and the reporter who furnished the “ item ” being on the stand, the court properly excluded the question, “ Whether or not the information that you received from those parties tended to convince your mind of the probability of the story told you by Mr. B. ? ” The subject of inquiry is, not the mental process of the witness but the facts upon which probable cause was to be based.</p> <p>Charge of court — Measure of dam