Storey v. Wallace

Citations

• 60 Ill. 51

Syllabus

<p>1. Sdaudbe — proceedings of courts — privileged communications. A faithful report of the proceedings of courts of justice, is a privileged publication, and shall not be held a cause of action for libel. It would appear that slanderous statements, made by witnesses, which are not pertinent to the matter under investigation, are not privileged. Hor is it settled that coroners’ inquests may be for this purpose classed with judicial proceedings.</p> <p>2. A statement made upon the authority of a newspaper, and not purporting to be a report of such proceedings, is not privileged. Responsibility can not be evaded by offer of proof that the libel was in fact matter in evidence.</p> <p>3. Proprietors of newspapers, though ignorant, at the time, of the publication of libellous matter, are responsible.</p> <p>4. Accobd and satisfaction — retraction. The publication of a retraction satisfactory to the injured party does not constitute accord and satisfaction, or release claim for damages without express agreement to that effect.</p> <p>5. MitigatioN of damages. Want of express malice may be shown, also that a retraction of the slander is made, in mitigation of damages, but tlie retraction must be effective.</p> <p>6. Excessive damages — setting aside verdict. Except in a case of flagrant wrong, a verdict will not be disturbed, especially when the damages have been reduced upon a second trial.</p>