Seip v. Deshler

Citations

• 170 Pa. 334
• 32 A. 1032
• 1895 Pa. LEXIS 1410

Syllabus

<p>Libel — Letter—Charge of insanity.</p> <p>A written charge duly published that another person is insane, if untrue and maliciously made, is libelous and actionable.</p> <p>In an action lor libel, a letter in the handwriting of the defendant, but not signed, addressed to the plaintiff, stated that plaintiff had received every dollar due her, and continued, “yes more than you are entitled to but the misfortune is you (and yours) are too ignorant or insane to know it. . . . Poor thing, poor thing, what will insanity not accomplish.” Held, that the letter, in so far as it involved the charge of insanity, was defamatory'and actionable.</p> <p>Libel — Malice—Evidence.</p> <p>In an action to recover damages for libelous matter contained in a letter, the jury will not be confined in their deliberation to the parts declared on as libelous but the whole letter, and other letters written by defendant to plaintiff, prior to the libelous letter, not libelous in themselves, but exhibiting ill will towards the plaintiff, are admissible on the questions of malice and damages.</p> <p>Libel — Letter—Publication—Question for jury.</p> <p>When a libelous letter is sent to the plaintiff through the mails, the question of publication is for the jury where the evidence for the plaintiff, though contradicted, tends to show that the letter was received by an agent of the plaintiff, authorized to open letters, and was opened and read by him before it reached the plaintiff.</p>