Strode v. Clement

Citations

• 90 Va. 553
• 19 S.E. 177
• 1894 Va. LEXIS 22

Syllabus

<p>1. Libel — Malice—Privileged communications. — Mere publication of defamatory words is prima facie evidence of malice, but the occasion may rebut the presumption. Chaffin v. Lynch, 83 Va., 106.</p> <p>2. Idem — Justification.—To justify publication of defamatory matter, the occasion must be privileged, and must be used bona fide without malice. Ibid.</p> <p>3. Idem — Court—Jury.—Whether the occasion be privileged is a question for the court. Whether the occasion has been used bona fide without malice is a question of fact for the jury. Ibid.</p> <p>4. Idem — Defamation—Privileged—Case at bar. — A letter written by one believing he has an interest in the subject matter, stating that the addressee cannot afford to go through life with a breach of trust staining his character, that his books swarm with false entries which he refuses to correct, and that if he fails to properly account and make restitution, the writer will publish the facts in a manner most unpleasant to him: held, a privileged communication, and the writer not liable in an action for defamation in writing the letter.</p> <p>5. Idem — ■Action for defamation — Burden of proof — Case at bar. — In such action for insults in a letter written on a privileged occasion, the burden is on the plaintiff to. prove that the letter was written maliciously, by showdng that the defendant availed himself of the occasion, not for the purpose of protecting his interests, but to gratify some ill will independent of such occasion and to defame the addressee.</p> <p>6. Appellate Practice — Inferences—Verdict.—Where record shows no conflict in the evidence (or question as to the credibility of witnesses), this court has the same opportunity to draw correct conclusions from the facts as the trial court and the jury possessed.</p>