Ott v. Press Publishing Co.

Citations

• 40 Wash. 308
• 82 P. 403
• 1905 Wash. LEXIS 981

Syllabus

<p>Libel — Damages—Mental Suffering. Damages for mental suffering may be recovered in an action for a newspaper libel. .</p> <p>Libel — Damages for Mental Pain and Suffering — Instructions. Error in instructing, in an action for libel, that damages cannot be recovered for mental pain and suffering, is cured where the words Were actionable per se and the jury were instructed that it was not necessary to prove damages, but found for the defendant upon evidence sufficient to sustain the defense of the truth of the publication.</p> <p>Same — Mental Pain and Suffering — -Mitigating Circumstances— Admissibility. In an action for libel, where evidence is received of damages for mental pain and suffering, it is proper, under Bal. Code, § 4939, to receive evidence in mitigation of such damages.</p> <p>Same — Erroneous Admission of Other Publications — Appellant Inviting Error by Introducing Evidence of Admitted Publications. In an action for a newspaper libel of an employment agency, in which the publication was admitted, and the plaintiff nevertheless insists upon introducing the paper to show the manner in which the article was published and placed before the public, it is not error to permit the defendant to introduce other issues of the paper containing similar articles concerning other employment agencies; since the plaintiff opened the door for that class of evidence.</p>