Weil v. Nevin
Supreme Court of Pennsylvania
Weil v. Nevin, 1 Monag. 65 (Pa. 1889)
1889 Pa. LEXIS 1241
Weil v. Nevin
Opinion of the Court
The amendment proposing to substitute the name of the corporation was properly refused, for the reason that, at the time the motion was made for that purpose, the statute interposed an effectual bar to an action against it.
The second assignment cannot be sustained, because there was no offer to prove that T. W. Nevin knew anything about the publication of the alleged libel. The general editor may be bound to know all that goes into the paper of which he has the supervision, but not so an assistant editor, for his powers are limited; hence, he can only be held for what he himself does, or knowingly permits to be done.
The judgment is affirmed.
Reference
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- An action on the case for libel was brought July 19, 1884, against T. W.. Nevin and others, “proprietors and publishers of The Pittsburgh Leader, under the name and doing business as the Leader Publishing Co.” On Oct. 8, 1885, the plaintiff moved to amend the record by substituting The Leader Publishing Co.r a corporation instead of the individuals named as defendants. The amendment was refused. On the trial the plaintiff gave in evidence the alleged libellousarticle and requested the court to charge that the assistant editor, one of the defendants named, was liable in damages for its publication. The court refused so-to charge, because the suit was against partners. Held that the action of the-court was proper. Per Curiam. — The general editor may be bound to know all that goes into-a paper of which he is the supervisor, but not so an assistant editor, for Ms powers are limited; hence, he can only be held for what he himself does or knowingly permits to be done. An amendment of the record, in an action on the case against individuals-for libel, will not be allowed by the substitution of the name of a corporation, after the statute of limitations has barred an action against the corporation..