Wilson v. Sun Publishing Co.

Citations

• 85 Wash. 503
• 148 P. 774
• 1915 Wash. LEXIS 1292

Syllabus

<p>Appeal and Error — Review — Amendments — Pleading. Under Rem. & Bal. Code, § 1752, which requires the decision of a cause on appeal on its merits, disregarding technicalities, and considering amendments as made, the denial of a motion for nonsuit, in an action of libel, on the ground that the complaint did not allege the falsity of the publication, is not prejudicial, where the complaint negatived in terms every charge made in the publication and the. answer averred the truth of the publication, thus supplying the alleged deficiencies.</p> <p>Libel and Slander — Pleading—Falsity. If matter published is libelous per se, it is not incumbent upon plaintiffs to allege its untruth; but, under Rem. & Bal. Code, § 293, that is a matter of defense which must be alleged and proven, in order to be available as such.</p> <p>Continuance — Grounds—Trial Amendment. A motion for continuance on granting leave to plaintiff to amend his complaint during the trial was properly denied, where the amendment presented no new issue.</p> <p>Libel and Slander — Actionable Words — Privilege. Newspaper publications falsely charging the plaintiffs with conducting a restaurant in an uncleanly and unsanitary manner do not fall within the rule of qualified privilege, and are therefore libelous per se.</p> <p>Same — Injury to Business. Under Rem. & Bal. Code, § 2424, providing that every malicious publication tending to expose any person to contempt, or to deprive him of public confidence, or to injure any person in his business or occupation shall be a libel, it is libelous per se to charge in newspaper articles that plaintiffs’ restaurant is dirty, unsanitary, poorly ventilated, and the abode of microbes, etc., the natural tendency of the words used being to create the impression that the restaurant was an unwholesome place and unfit for public patronage.</p> <p>Same — Civil Action — Malice. The civil action for damages for libel being, under the statutes of this state, one for the recovery of