Oles v. Pittsburg Times
Oles v. Pittsburg Times
Opinion of the Court
Opinion by
Any malicious publication, written, printed or painted, which by words or signs, tends to expose a person to contempt, ridicule, hatred or degradation of character is a libel; and the person libeled may recover damages, unless it be shown that the publication was true or was justifiably made: Pittock v. O’Neill, 63 Pa. 253; Barr v. Moore, 87 Pa. 385; Neeb v. Hope, 111 Pa. 145; Collins v. Dispatch Co., 152 Pa. 187. By this definition the alleged libelous matter must “ tend ” or, as it is sometimes stated, “be calculated” to injure. Were it not for the testimony in this case we might hesitate to believe that the article in question could, by any possibility, tend or be calculated to make the plaintiff infamous or odious, for the reason that it seems incredible that a belief in witchcraft should be entertained by any one in this age. But the fact being established that such belief is still prevalent, to some extent at least, amongst that class of people to which the plaintiff belonged, a publication like the one in question would be quite as injurious in a legal sense as if it had charged, in the same way, any common dereliction. The defamatory accusation need not be one which every one would credit. We cannot state what we mean any more clearly than by quoting from the charge of the learned judge who presided at the trial: “ Now, when you come to that you have got to take the world as you find it, and people who publish newspapers have got to take the people as they know them, or are bound to know them to be. If this was an article read in some society of learned men who did not believe in such things as witchcraft, or that there were such things as witches, probably it would have no effect at all; they would not believe it, and therefore it would do no harm. But you have heard the testimony, and you have your own knowledge on that point — a knowledge of the superstitions of the masses of the people, and if with that knowledge you are led to believe that being called a witch would be calculated to injure the reputation of another and injure his standing in society, then it becomes libelous and becomes the foundation for damages.” This was a correct and plain statement of the law applicable to the case; for, strange as it may seem, there was ample evidence to warrant the jury hi finding specially the following facts, if they had been requested so to do. First. There is and was a
Where there is no confidential relation, no existing duty, and no common interest, every repetition of a slander is a wilful publication of it: Odgers on Libel and Slander, *162, Bl. ed. 124; 13 Am. & Eng. Ency. of Law, 374.
In Collins v. Dispatch Co., 152 Pa. 187, the newspaper did not assert that the plaintiff had been unduly intimate with the woman referred to, but only that complaints had been made to a public department that such was the case, and yet it was not suggested that the article was not libelous. But it is unnecessary to multiply authorities upon so plain a proposition. Indeed it is not questioned in the assignments of error or in the argument.
It is to be borne in mind that the material part of the cause of action in libel is not the writing, but the publication of the libel. Upon this principle it was held very early in the history of this commonwealth that in a civil action for libel (it was suggested that there might possibly be a distinction between libel and slander) against a printer, his inserting the name of the author was no justification, though it might go in mitigation of damages: Runkle v. Myer, 3 Y. 518. We are not aware that this ruling or the doctrine on which it was based has been questioned in any later decision of the Supreme Court. The justice of the rule, .and the reasons in support of it are so clearly stated in the opinion of Littledale, J., in McPherson v. Daniels, supra, that we feel justified in making this extended quotation therefrom. He says: “The truth is an answer to the action, not because it negatives the charge of malice (for a person may wrongfully or maliciously utter slanderous matter, though true, and thereby subject himself to an indictment) but because it shows that the plaintiff is not entitled to recover damages. For the law will not permit a man to recover damages in respect of an injury to a character which he either does not, or ought not to possess. Now a defendant by showing that he stated at the time when he published slanderous statements of a plaintiff that he heard it from a third person, does not negative the charge of malice, for a man may wrongfully and maliciously repeat that which another may have uttered upon a justifiable occasion. Such a plea does not show that the plaintiff has not sustained or is not entitled in a court of law to recover damages. As great an injury may accrue from the wrongful repetition as from the first publication of slander; the first utterer may have been a person insane or of bad character. The person who repeats it gives greater weight to the slander. A party is not the less entitled to recover damages in a court of law for injurious matter published concerning him, because another person previously published it.”
We have thus far been speaking of publications for which-
We are of the opinion that the court correctly held that proof that the parents of the Newman boy and their neighbors said and believed that the plaintiff was a witch, and that his malady
The specifications of error are overruled and the judgment is affirmed.
Reference
- Full Case Name
- Irene Oles v. The Pittsburg Times
- Cited By
- 7 cases
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- Published
- Syllabus
- Libel defined — Right to damages — Advances. Any malicious publication, written, printed or painted, which bywords or signs, tends to expose a person to contempt, ridicule, hatred or degradation of character is a libel; and the person libeled may recover damages, unless it be shown that the publication was true or was justifiably made. Libel— Witchcraft— Question for jury. Charging witchcraft is no longer libel perse; but it is entirety proper to leave it asa question for the jury whether being called a witch would be calculated to injure the reputation and standing in society of the plaintiff there being evidence to warrant the jury in finding the following facts : (1) Belief in witchcraft in the community where plain tff Jived and defendant’s'paper circulated; (2) tendency of the publication to encourage this belief. Libel — Truth of libel as a defense, Where there is no confidential relation, no existing duty and no common interest every repetition of a slander is a wilful publication of it. A newspaper report may be none the less libelous because it is a truthful recital of what was believed and asserted by others; the truth of an allegation against another is a complete defense in a civil suit, but it must be the truth of the fact alleged and not the truth that somebody told the author that it was so. Libel — Newspapers — Privileged communication — Legitimate news and prurient and sensational reports distinguished. Newspaper articles or reports which do not deal in matters of legitimate news of which it is the interest of the public to be informed, except that which arises out of idle curiosity and vitiated appetite for the prurient and sensational, are not privileged communications. A newspaper reported and published neighborhood gossip and slander charging plaintiff with being a witch. The plaintiff was a harmless old woman whose livelihood depended on the good will and good opinion of the people in the community in which she lived. Instead of the occasion being ono which made the publication proper for public investigation and information, the very fact that a few superstitious persons entertained the false and unfounded belief that she was a witch ought to have shielded her against a more extensive circulation of the injurious rumor by those who must have known that it was not founded on truth.