Palmer v. Mahin

Citations

• 120 F. 737
• 57 C.C.A. 41
• 1903 U.S. App. LEXIS 4527

Syllabus

<p>1. Libel — What Charges are Libelous Per Se — Compensatory Damages.</p> <p>An unprivileged publication, in writing or print, of a false charge that another is guilty of a crime, or of a false charge that tends to expose another to public hatred or contempt, is libelous per se; and such a publication entitles the victim of the libel to full compensation for the damages to his reputation, business, and feelings which it has caused, regardless of the intent or motive with which the publication was made.</p> <p>2. Same — Such a Publication Raises Conclusive Presumption of Damages, and the Only Question por the Jury is the Amount.</p> <p>The unprivileged publication of such charges raises a conclusive legal presumption that the victim has sustained some damages, and the only question for the jury is their amount.</p> <p>8. Same — Charge op Blackmailing and Extortion.</p> <p>The charge that one is a blackmailer, and has brought blackmailing suits to extort money wrongfully, is libelous on its face. So is the charge of inducing the publication of a libel in order to found suits upon it to extort money wrongfully.</p> <p>4. Same — Exemplary Damages — When Allowable.</p> <p>In addition to compensation for his actual loss, the jury may allow to the victim of a libel exemplary damages when- the publication was inspired by ill will or by a willful intent to injure, or was made in violation and in reckless disregard of the rights of the person defamed.</p> <p>5. Same — Matter in Mitigation — When Admissible.</p> <p>The publisher of such a libel may plead and prove that when he sent it forth he believed the statements it contained to be true, that he was then innocent of any intent to injure, or of any ill will towards his victim, or that he made the publication by mistake or inadvertently, for the purpose of mitigating the exemplary damages. But matter in mitigation of damages for the unprivileged publication of a libel is inadmissible to reduce or affect the compensatory dam