O'Toole v. Post Printing & Publishing Co.

Citations

• 179 Pa. 271
• 36 A. 288
• 1897 Pa. LEXIS 631

Syllabus

<p>Practice, G. P. — Trial—Objection to testimony — Waiver.</p> <p>Where an objection to the admission of testimony is based upon specific grounds, all other grounds of objection may be considered as waived.</p> <p>Libel — Evidence—Newspaper—Corporation—Agent.</p> <p>In an action for libel against a corporation publishing a newspaper, plaintiff testified that she went to the office of the paper and demanded a retraction of the libelous publication. Held, that what was then said by anyone connected with the newspaper could not be shown as an incident of the litigated act of publication, but it was admissible on other grounds, if the party as editor or manager of the paper, or an officer of the company had authority to speak for it.</p> <p>Libel — Evidence—Damages.</p> <p>In an action for libel, it is proper in support of the averment of special damage to admit evidence to show the injurious effect of the publication upon the reputation of the plaintiff among her friends and acquaintances, -and that it prevented her from obtaining employment.</p> <p>Practice, G. P. — Charge of court — Review.</p> <p>Where a fact in dispute has not been established in favor of either party, and the trial judge has not been ashed by an appropriate request for instructions to say anything in relation to it, a party cannot be heard in the Supreme Court to complain that the trial judge did not comment upon the conflicting testimony relating to the disputed fact.</p>