Stahl v. Press Publishing Co.

Citations

• 247 Pa. 5
• 92 A. 1080
• 1915 Pa. LEXIS 772

Syllabus

<p>Practice, O. P. — Trials—Bubpcena duces tecum — Bubpcena issued by court on own motion.</p> <p>1. In an action against a newspaper to recover damages for the publication of a libel, the trial judge did not err in directing on his own motion the issuance of a subpoena to compel the appearance of an officer of the defendant company for the purpose of proving its publication of the paper containing the alleged libel, especially where such action was taken not only without objection from counsel for defendant hut really at their suggestion.</p> <p>Libel — Publication in newspaper — Proof of publication — Measure of damages — Punitive damages. .</p> <p>2. In an action against a newspaper to recover damages for the publication of an alleged libel the defendant cannot raise the question as to the sufficiency of proof of publication where sufficient proof is found in the testimony of its own witnesses.</p> <p>3. Where in an action against a newspaper to recover damages for the publication of a libel it appeared that on the hearing of an adultery charge before an alderman the name of the plaintiff was mentioned in connection with the alleged adultery, and in publishing an account of the hearing the defendant erroneously stated that the plaintiff was the defendant in the adultery case and was held for court, the court did not err in leaving to the jury the question as to whether punitive damages should be awarded.</p>