Murphy v. Maui Publishing Co.

Citations

• 23 Haw. 804

Syllabus

<p>Evidence — publication of libel.</p> <p>The publication of a libelous article in defendant’s newspaper is sufficiently shown by production of a copy of the newspaper containing the libelous article and by evidence that the morning following the issue of such newspaper a third party called plaintiff’s attention to the article and that ten or twelve persons later spoke to him about it where an inspection of the article shows that no one could tell that it referred to the plaintiff without reading the body of the article.</p> <p>Libel and Slander — attorney—misconduct.</p> <p>An article printed in a newspaper to the effect that an affidavit had been filed in a civil case stating that plaintiff, an attorney, had settled a case without the knowledge or consent of his client imputes malpractice or professional misconduct to the plaintiff and is libelous per se.</p> <p>Same — presumption of malice.</p> <p>The law presumes malice from the publication of a libel that is actionable per se and it is not necessary to prove actual malice.</p> <p>Same — privileged communication.</p> <p>The privilege extended to a litigant to charge in a judicial proceeding libelous matter pertinent to the issues therein does not extend to third parties or the press. The republication of libelous matter contained in the pleadings or other papers in civil actions prior to hearing is an adoption and indorsement of such libelous matter by the one republishing it and. such republieation is not privileged.</p> <p>Appeal and Error — exceptions—point not raised in trial court.</p> <p>On exceptions the appellate court will not consider the question of excessive damages when that question was not raised in the trial court by exception or by motion for a new trial based on the ground that the damages awarded are excessive.</p>