Luckock v. Daily News Publishing Co.
Luckock v. Daily News Publishing Co.
Opinion of the Court
Opinion by
In an action of trespass to recover damages because of the publication by the defendant of an alleged libelous article of and concerning the plaintiff, the latter recovered a verdict and judgment for twenty-five dollars. The defendant appeals.
In Pittock and Mills v. O’Neill, 63 Pa. 253, Mr. Justice ShabsWood thus defines a libel: “A libel may be defined
We may agree that the article in question in the case at bar contained one statement of fact, to wit, the fact the plaintiff had been arrested, had a hearing and was discharged by the magistrate on the payment of one-half the costs, and, had the defendant confined the published. article to a fair statement of this fact the publication would have been privileged. So the learned trial judge correctly instructed the jury. But it is no new doctrine that even a privileged article may be so published, the: account of it may be so highly colored and accompanied ; with such offensive comments and observations, that the privilege, which would have inhered in a fair publication, is lost, and so the learned judge instructed the jury. No complaint is made of the single fact referred to which would have been privileged. It was the manner of publication, the coloring of its setting and the comments connected with it, none of which had any foundation in fact, that made the article libelous. The proper exercise of the right of free speech carries with it no license to thus hold up an inoffensive citizen to public ridicule and make him a laughing stock in his community. Under the charge of the court the verdict of the jury necessarily means they found that the manner of the publication made it libelous and that such a publication, so made, had lost its privilege and was in no way justified by the actual facts in evidence.
Judgment affirmed.
Reference
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- Luckock v. Daily News Publishing Company
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- Syllabus
- Libel — Newspapers—Public officer — Privileged communication— Case for jury. A libel may be defined to be any malicious publication, written, printed or painted, which, by word or signs, tends to expose a man to ridicule, contempt, hatred or degradation of character. In an action for libel, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence is sufficient to warrant the finding that the manner in which the article was published made it libelous, and that the publication had lost its privilege and was in no way justified by the actual facts in evidence. A privileged article may be so published, and the account of it may be so highly colored,'and accompanied by such offensive comments and observations, that the privilege, which would have inhered in a fair publication, is lost.